for which his Temporalties should be seized and whatever monies he had received from the King and imployed to his owne use he should presently make full paiment thereof into the Kings Treasury without delay or difficulty Had he been a Lay-man his censure had proved capitall and more rigorous Here we have all Colonell Fiennes excuses pleaded to justifie this action First the saving not of a body of 1500 but 7000 English-men to serve the State whose lives were all endangered not in a garrison Towne or Castle well victualed or ammunitioned as those in Bristoll were but lying on the open sands without defence and that not in their owne native soile but beyond the seas in an enemies countrey Secondly Despaire of timely reliefe and greater want of Victuals then was in Bristoll where there was too much plenty Thirdly a Letter from the King himselfe injoining the Bishop to quit the Towne to the enemy in case they wanted Victuals as he alledged they did when as Colonell Fiennes received no such Letter from the Parliament or his Excellency to quit or yeeld up Bristoll Fourthly this Towne was won from the enemy by the Bishop himselfe not immediately committed to him to guard by the King or Parliament as Bristoll was to the Defendant who had lesse right to surrender Bristoll then this Bishop Gravelin being his owne conquest Fifthly he did not yeeld up the Towne with all the Cannon Armes and provisions in it to the enemy as the Defendant did Bristoll but onely demolished it and sleighted the Fortifications departing thence with bag baggage cannon and his men yet notwithstanding all these particulars and the gallant service this martiall Bishop had done in this Expedition he incurred this heavie censure and had his Temporalties seized divers yeers for his Fine and Ransome And if he deserved such a censure no doubt the Defendant deserves a far greater notwithstanding his excuses The fourth president is that of Sir William de Elmham Sir John Tryvet Sir Henry de Ferrers and Sir William de Farendon Knights and Robert Fitz-Ralph Esquire impeached in the Parliament of 7. R. 2. rot Par. n. 24. for surrendring the Towne and castle of Burburgh to the enemy and receiving monies for the Armes Victuals Prisoners and goods within the same To the which Sir William de Elmham and most of the others pleaded that they were enforced to surrender the Towne and castle to the enemy of fine force for the salvation of themselves the Garrison and people therein the enemy having besieged and assaulted it in very great number and set the Towne on fire within who would have taken it by force and taken or slaine all those within it had they not yeelded it by agreement And that the monies they received was onely for the Prisoners Victuals and other goods within the same not for the surrendring of the Towne it selfe Yet notwithstanding this excuse was adjudged insufficient and the parties ordered to make full paiment to the King of all the monies received from the enemy to stand committed to prison to make ransome at the Kings will according to the quantity of their severall offences and Sir William de Farendon left to the Kings mercy both for his body and goods to doe with them what he pleased Here we have a Towne assaulted by a multitude of enemies fired in part and thereupon a surrender upon composition to save the Officers and Souldiers from being taken or slame by the enemy yea a better market then the Defendant made at Bristoll even a sale of the prisoners Victuals and goods in the Towne to the enemy for money when endangered to be all surprised by force yet this was judged no excuse Therefore certainly the Defendants pretended necessity and danger of forcing the Towne by the enemy not halfe so reall as this cannot excuse his crime nor extenuate his guilt nor yet his pretence of saving his Officers and Garrisons lives and estates to doe the Parliament service else where The fift president is that famous case of William de Weston in the Parliament of 1. R. 2 num 38 39 40. The Commons in this Parliament prayed that all those Captaines who had rendred or lost Castles or Townes through their default might be put to answer it in this present Parliament and severely punished according to their deserts by award of the Lords and Barons to eschew the evill examples they had given to other Governours of Townes and castles Whereupon Iohn de Gomineys whose case I began with and William de Weston then detained Prisoners in the Tower because they had lost and rendered the Kings Townes and castles to the enemies were brought by the Constable of the Tower before the Lords in full Parliament in the White chamber where Weston by the Lords command was arraigned by Sir Richard Lescop Steward of the Kings house in manners following William de Weston you took upon you from the most puissant Prince whom God assâ—ile Sir Edward late King of England Grand-father to our Lord the King that now is safely to keep to him and his heires Kings of England the castle of Outhrewyke without surrendring it to any one but to the said Grand father or to his said heires or by command from him or from his said heires have you William who are a Liege man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-father delivered and surrendred the same to the enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crowne and of the estate of his Realme of England against your allegeance and undertaking aforesaid What will ye say hereunto Whereupon the said William put in his finall Answer in this behalfe To the most sage Counsell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendred the castle of Outhrewyke of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately informed by a Spie that a great power of the enemies would come upon him to besiege the said castle with very great and very grievous Ordnances whereupon he the said William presently by his Atturney and by his Letters required of the said Councell that it would please them to re-enforce the said castle with more men for the defence and safeguard thereof in regard that the Garrison of the said castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said Councell And so the said William not at
the said towne was taken upon the said Robert and two of the Sonnes of the said Robert there slaine in the defence of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said towne to the said Grandfather and departed himself from thence without command of the said Grandfather and the said towne of Barwick was lost in the absence of the Baron he being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts Henry late Duke of Lancaster the late Earle of Northumberland and Stafford and Sir Walter de Manny that the said towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render his judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered and this also that you William surrendred the said castle of Outhrewyke to the enemies of our Lord the King aforesaid without any duresse or want of Victuals against your allegeance and undertaking aforesaid the Lords abovementioned sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keep the said William untill he had other command from our Lord the King This case is very punctuall this judgment fatall to the Defendant wherein all his former pleas and far better then he could make are over-ruled against him long since even in full Parliament First this Weston as soon as he heard of the enemies approaches and intent to besiege Outhrewyke castle sent post to the Councell and to the Governour of Calice acquainting them with the weaknesse of the Garrison and craving present aid as the Defendant pretended he sent to his Excellency yet could receive no supplies from either Secondly his Garrison was not halfe enough to resist the enemies great power neither had he meanes to encrease it when as Bristoll garrison was abundantly sufficient to resist the enemy and the Defendant might have doubled it had he pleased there being 6000 or 8000 able men more in the towne whom he might have imployed in its defence Thirdly there were 8400 enemies before it as many or more then were before Bristoll and but 50 men onely in the castle to defend it whereas there were 2000 foot and 300 horse at least to guard Bristoll a vast disproportion Fourthly they had nine great Peeces of battery a great Ram or Morter-peece greater then ever were seen in those parts before with many other Engines as many or more then the enemy had at Bristoll Fifthly the siege battery and assault thereof continued from Munday till Saturday whereas Bristoll was besieged onely from Munday till Wednesday noone not halfe so long and then yeelded upon parley Sixtly all the walls and houses of the Castle were beaten downe and battered exceedingly and the ditches drained of the water by trenches and all their barricado's beaten downe yet they still held it out whereas not one shot at all was so much as made against the Castle or walls of Bristoll but against the Out-works onely Seventhly after the walls and barricado's were thus broken downe and the ditch drained they manfully repulsed the enemy who fiercely assaulted it and slew divers of them with the losse and wounding of some of the garrison whereas Bristoll Castle and the body of the Towne were yeelded up before the least battery Mine or Assault Eighthly they made all things ready for an assault planting all their Ordnance Engines Galleries and Faggots close to the Castle-ditch and sent two severall Heraulds and Messengers to him for a Parley ere he would treat whereas the Defendant before any battery or assault against the City or Castle sent out twice to the enemy for a Parley with so much haste that he would not hearken to any who would beat them out or oppose or delay the Treaty Ninthly twelve of his fifty men were by this time slaine sick and wounded so that he had onely 38 left to make good the castle thus battered and assaulted with so great a power whereas the Defendant lost but eight men at most and had at least 2300 horse and foot when he fell to parley Tenthly he surrendred the Castle by the advice of a generall Councell of War upon better grounds then the Defendant yeelded up Bristoll to wit because the wals were beaten downe the garrison over small to defend it the enemy very likely to force it by the assault no present reliefe neare at hand and to save his owne with the Souldiers lives and goods which else were indangered to be lost none of which the Defendant can justly alledge as we have manifested Eleventhly he made the most of an ill bargaine by selling the Victuals and Prisoners in it to the French for 1500 Franks with which he paid his Souldiers their arrears of wages discharged the debts of the castle owing for Victuals and defrayed the charges of their passage into England whereas the Defendant yeelded up all the Prisoners and Victuals to the enemy gratis with which provisions the ships that brought over the Irish Souldiers were victualled and left the State to pay the Souldiers arreares and other debts contracted by him there amounting to many thousand pounds which ought to be made good out of his owne estate Therefore in these respects he ought to undergoe the selfe same judgement of death and to be drawne and hanged much more justly then he To these Presidents Col. Fiennes Answered 1. That these Governours had all of them Commissions under the great Seale of England to keep these Townes and Castles and that made their offence so great but hee had no such Commission under the great Seale of England to bee Governour of Bristoll and this he conceived differenced the cases much To which Mr Prynne replyed First that the Defendant was much mistaken in this point for these Towns and Castles lying in France if the Commissions of their Governourships were under any Seale it was under the great Seale of France not of England as appeares by the expresse Statute of 14. E. 3. Stat. 4. 1. H. 6. Rot. Parl. Num. 14. 15. Secondly that the great Seal being carried from the Parliament when his Commission was granted he could not expect any such Commission under the great Seal but from the King himselfe in opposition to the Parliament to whom he surrendred Bristoll perchance for want of a Commission under the great Seal to keep it Thirdly if this were a good plea or warrantable distinction then all the Governours of Towns and
a case of Bastardy hee hoped this Honourable Councell would now answer the Advocate in this case of our Impeachment Nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae and so allow us a publike triall to satisfie both the Parliament and People whose eyes are fixed on it else if it should be private they would be apt to report it was hudled up in a corner for which innocent expression as we intended it St Albanes and this Councell in respect of London and the Parliament being but a corner so much exceptions was taken in the House against our Petition In fine he alleadged that Col. Fiennes himselfe who had made such publike professions of his innocency both before the House of Commons His Excellency and the World in printed Speeches Relations Letters had most cause to desire and least reason to decline an open triall since Truth and Innocency seek no corners and his Honour his Honesty now openly charged could not otherwise then openly be discharged no triall being publike enough for him who presumes his Innocency able to endure and professeth a desire to bring it to the touch that it may be cleered And if he should now decline an open triall after so many publike Bravadoes in London and elsewhere it would draw upon him a just suspition of guilt in most mens opinions since no man fleeth the light but he whose works are evill Upon this the Lord Roberts demanded of Mr Prynne what he meant by a publike triall whether only the reading of the Articles Answers producing of witnesses and managing the evidence to make good the Articles or else the Councels private debates of the cause among themselves after the hearing To which Mr Prynne replied that he meant only the former of these the Iudges debates many times in cases of difficulty being private after hearings till they come to deliver their resolutions in publique Hereupon all were cōmanded to withdraw and then one of the Councell after a short debate was sent to his Excellency to know his pleasure whether the Triall should be publique as the Prosecutors desired or private who returned answer that is should bee private with which resolution the Prosecutors being called in were acquainted Mr Prynne upon this answer desired that he might put in writing the Reasons he had suddenly offered to the Councell for an Open Triall that so they might be presented to his Excellency for that as he conceived he had not been made acquainted with them who upon consideration of them might happily alter his Resolution Upon which motion the Councell ordered the Iudge Advocate and Prosecutors to repaire to his Excellency to acquaint him with the former Reasons by word of mouth which they did very briefly But the Advocate informing his Excellency that it was against the priviledges of the Councell that the triall should be open he answered that he would not infringe the priviledges of the Councell whom he thought we seemed to distrust by demanding a publike triall which distrust we utterly denied being confident of their impartiall Iustice Upon returne of this Answer to the Councell by the Advocate we only as over-ruled herein chose rather to submit to a private triall of so publike a cause then to have it reported by Fiennes and his masters of calumny that we declined a triall because we were unable to make good our Impeachment And we do freely acknowledge and so must Col. Fiennes himselfe that both we and he had a very full Patient Iuditious Honourable faire hearing scarce paralell in any Age or time which continued nine dayes space when as Bristoll was lost in lesse then three most of the Councell diligently taking notes of what ever was pertinently alleadged on either side The manner of the Triall being thus setled our Articles of Impeachment were first read and then his Answer delivered in writing unto them which he had time to prepare from their first reading in the Commons House where he took a copy of them till this day of Triall The Articles and Answer to them here follow in order Articles of Accusation and Impeachment against Colonell Nathaniel Fiennes late Governour of the City and Castle of Bristoll touching his dishonourable surrender thereof to the enemy contrary to his Trust and Duty exhibited by Clement Walker and William Prynne Esquires in the behalfe of the Common-wealth of England 1. IN primis That he the said Colonell Nathaniel Fiennes did suddenly apprehend imprison and remove Colonell Thomas Essex late Governour of the said City and Castle from his government there upon pretence that hee intended to deliver up the same not then fully fortified or sufficiently provided to withstand any long siege into the hands of the common enemies of the Kingdome and Parliament contrary to the trust reposed in him and that hereupon hee the said Col. Fiennes obtained the government of the said City and Castle for himselfe and undertooke to defend and keep the same to the uttermost extremity against the said enemy for the use of the King and Parliament and not to surrender the said City and Castle or either of them to the said enemies or to any other person whatsoever without the previous consent and order of the Parliament 2. Item That the said Colonel soone after hee became Governour of the said City and Castle did by Martiall law apprehend condemne and execuse some chiefe Citizens thereof Namely Master Yeomans Master Butcher and others onely for intending to deliver up the same to Prince Rupert when he came first before Bristoll not then fully fortified and stored though they did not actually surrender the same 3. Item That he the said Colonel did put the Parliament Kingdom Countrey and City to a vast expence in fortifying and furnishing it and the Castle thereof with Forts Sconces Canons Ammunition Armes Victualls Provisions of all sorts and with Garrisons sufficiently able to defend and mantain the same for Three moneths space or more against all the power of the Enemies that might or did come against the same and did likewise promise and undertake to divers Gentlemen and Inhabitants thereof to defend the same for so long space or more in case they should be besieged 4. Item That he the said Colonell notwithstanding the premisses when the enemy came before the said City and Castle with no extraordinary Forces or Ammunition able to force the same and besieged them not above three dayes at the most did before ever the enemy had taken any of the out Forts or Sconces about the same or had made so much as the least battery or assault upon the walls of the said City or Castle or any myne or breach into any of the Forts thereof contrary to his former trust promises duty and the honour of a Souldier most dishonourably cowardly and traiterously delivered up the said City and Castle with all the Prisoners Canons Ammunition Artillery Armes Military Provisions Magazines Victualls therein and the very Colours
short time and thereby their liberties and priviledges Thirdly Because by this meanes they shall not bee long under the absolute power of the Enemy and new Lords to controule them whereas if the Castles be yeelded their persons estates lawes liberties will be wholy exposed to the Enemies will and pleasure and subjected to their Tyranny Therefore upon all these grounds the Defendant ought to have kept the Castle of Bristol being strong and tenable to the utmost extremity and not to have surrendred it with the Town though the City had been taken or yeelded by composition Fifthly For examples Mr Prynne answered That if hee had his Books about him he could shew him at least one thousand Examples in Story to one of his where Castles have held out when the Townes were taken or yeelded but since his challenge was to produce but one Example to the contrary he should out of present memory furnish him with divers The first was a very ancient and memorable one recorded in Scripture which hee wondred the Defendant who had read the Scriptures could forget to wit that of Thebez Iudg. 9. where we read That Abimeleck went to Thebez and encamped against it and took it But there was a strong Tower or Castle within the City and thither fled all the men and women and all they of the City and shut it to them and got them up to the Tower but did not yeeld it up though the City was taken And Abimeleck came to the Tower and fought against it and went hard to the doore of the Tower to burn it with fire And a certain woman cast a piece of a Milstone upon Abimelechs head and all to brake his scull Then he called hastily to his Armour-Bearer and said unto him draw thy sword and slay me that men say not of me A woman slew him and he thrust him through and he died And when the men of Israel saw that Abimeleck was dead they departed every man to his place Thus the siege was raised the Town preserved regained and that by a woman Had Col. Fiennes in case the City of Bristol had been taken retired to the Castle according to his promise and there stood upon his guard perchance Prince Rupert comming for to assaile it as Abimeleck did the Tower or Thebez might have been slaine with a Milstone by one of those valiant women who offered to go up to the Canons mouth to dead the bullets in case hee or his Souldiers were afraid to charge or at least by some Musket or Cannon bullet and so the siege might have been raised and the Town regained No man could tell whither such an accident might not have hapned had the Defendant patiently expected the issue of Gods providence in the Castle till utmost extremity which no man ought to despaire of since as the wise man enformes us time and chance happen alike to all men Besides the siege might by sundry other forementioned casualties have been raised and the City preserved But alas the Defendant was so farre from having the faith and courage of a man that he fell infinite short of the courage and prowesse of this woman of Thebez stiling the holding out of the City and Castle though but a day or two longer A desperate Resolution c. not staying till they were assaulted but presently yeelding up both without any assault contrary to this Scripture president which hee had neither heart nor courage to imitate But least hee should pretend this one example to be singular I shall furnish him with sundry others which I wonder he could forget If he had read the Roman Story he should have found the Capitol defended against the Gaules when the City of Rome was taken and preserved from surprise only by the crying of a Goose Had his try all been at London I could have informed him that in our unhappy ancient Civill warres the Tower of London hath of times been held out when the City hath been yeelded the like we read of the Castles of Edenburgh Barwick Northampton Salisbury Devises Oxford in the time of Maud the Empresse Rochester Bedford Nottingham Pomfret frequently kept in former times when the Townes were yeelded or taken and not to rove farther for presidents even Bristol Castle it selfe was held out by King Edward the Second and the younger Spencer in the last yeare of this Kings raign against the Queen and her Sonne Prince Edward after the Town was yeelded up to them by composition to save their lives and goods and in these dayes Bristol was stiled and reputed A good Town and a strong well closed standing on a good port of the Sea having A STRONG CASTLE and the Sea beating round about it Writes the Historian Certainly had this Gentleman well studied the History of Bristol whiles he was there he might have found a president for holding out this very Castle after the City surrendred and then hee would not have made such a silly challenge to shew him one such example But if these Ancient Examples had been forgotten yet we have fresh presidents enough of this kinde which hee cannot but remember The Castles of Warwick and Nottingham both held out lately against the Kings Forces when the Towns were taken Nay the very Close at Litchfild though no Castle but a Cathedrall held out against the Lord Brooks when the Town was yeelded and since the Parliament took it against all Prince Ruperts Forces almost as many weeks as Bristol it selfe did dayes and against neare as great an Army though it had not above eightscorce Souldiers in it Yea when the Prince had drained the More about it sprung a Mine blown up a great part of the Wall and entred the breach with above 200 men being 50 more then first entred the Line at Bristol yet the Garrison there was so farre from yeelding the place by a Parley that they encountred the Enemies took 200 of them Prisoners beat the rest out made good the breach till all their Powder within halfe a Barrell was spent and then came off upon more honourable termes by farre then the Defendant at Bristol which was not so much as assaulted much lesse entred even with their Colours displayed their Bagge Baggage Armes and restitution of their Prisoners taken by the Enemy which conditions were most punctually performed because they shewed themselves men of valour and had their armes about them to defend themselves from violence when as the Defendant yeelded up both Armes and Colours To these I might adde the Examples of Limerick and Galloway Castles in Ireland who held out many Months against the Irish Rebels after the Towns were yeelded Of Staffords Castle defended long against the Parliament after the Town taken and the fresh Example of Lincoln where the Close was kept against the Earle of Manchester after the Town surrenderd But examples of this kinde are so frequent in all Stories and so experimentally known to every one who hath
to the Defence of the fourth Article and those that followed it with Colonell Fiennes his Commission for Bristoll and some presidents in point resolved in Parliament the Transcripts whereof out of the Parliaments Rols proved upon Oath to bee true Copies hee there delivered to the Councell Colonell Fiennes his Commission the Originall whereof he there produced was read as followeth RObert Earle of Essex c. To Colonell Nathaniel Fiennes By virtue of an Ordinance of the Lords and Commons in Parliament I doe constitute and appoint you Governour of the City of Bristoll as also Commander in chiefe of all the Forces raised or to be raised and imployed for the defence of the said City and the Liberties of the same and of the Garrison there to serve for the defence of the King Parliament and Kingdome These are therefore to will and require you by virtue of this Commission to take the said City and Forces into your charge as Governour in chiefe and by all possible wayes and meanes except in point of Civill Government to provide for the defence and security of the same and to maintaine the same against all enemies and opposition whatsoever and from time to time diligently to exercise the said Forces within the said City and Liberties in Arms commanding all Officers and Souldiers to obey you as their Governour and Commander in chiefe for the service above mentioned according to this Commission given you And you are likewise to observe and follow such further order and direction as you shall receive from my selfe or from both Houses of Parliament Given under my hand and Seale of Armes this first day of May 1643. ESSEX From this Commission it appeares first that Colonell Fiennes was constituted Governour of Bristoll by Commission from his Excellency under his Hand and Seale Secondly that he had the command in chiefe of all the Forces and Garrisons there who were to be imployed FOR THE DEFENCE OF THE SAID CITY and the Liberties of the same and to serve for the defence of the King Parliament and Kingdome Thirdly that he was specially charged by that Commission to take the said City and Forces into his charge as Governour and BY ALL POSSIBLE WAYES AND MEANES TO PROVIDE FOR THE DEFENCE AND SECURITIE OF THE SAME AND TO MANTAIN THE SAME AGAINST ALL ENEMIES AND OPPOSITION WHATSOEVER and that all Officers and Souldiers were there to obey him as their Governour and Commander in chiefe for this service Therefore he and his Officers were expresly injoyned by this commission to defend and keep it against the enemy to the uttermost extremity and were there placed for that very purpose and that he sent for and accepted this Commission upon these very terms and not only to rule his souldiers not to keep the Town and Castle as he falsly at first pretended Fourthly that he was to observe and follow such further order and direction from time to time as he should receive from his Excellency and both Houses of Parliament therefore not to surrender the City and Castle without their speciall order or direction which he never had to doe it as himselfe confesseth His very Commission therefore being expresly violated in all these particulars by this his surrender before he was reduced to utmost extremitie is a sufficient evidence to declare and condemne him for a Traitor by the very Ordinances of War especially since he knew the grand importance of the place for the Kingdomes safety For Presidents adjudged in point I could produce many out of forraign Histories which I shall pretermit because they are no binding evidence in Law Wherefore I shall confine my selfe to such domesticke examples of this nature as have been formerly adjudged in Parliament the supremest Councell of Warre whose judgements must direct all others registred amongst our Parliamentarie Records which cannot be controlled and are the best evidence of any other The Records themselves examined by the Parliament Rolls are long and written in Law-French which perchance some of this Honourable Councell understand not I shall therefore briefly open them in English into which I have faithfully translated them at large in The Doome of Cowardice and Treacherie printed by authoritie of Parliament and apply them to the present case in order as they are opened which course the Councell very well approved The first President is the case of John Lord of Gomineys who in the Parl. of 1. R. 2. n. 38. 40. was indicted and arraigned before the Lords for that he being made Governour of the Town and Castle of Arde in France by K Edward the third to this intent that he should safely keep the same for the King and his heires without surrendring them to any person without their command did yet in King Richard the second his reigne deliver and surrender the same to the Kings enemies without any command from him to the dishonour and dis-inheriting of the King and his Crowne and of the Realme of England against his undertaking aforesaid without any duresse or default of Victuals or Artillerie or of any other things necessary for the defence thereof To which Indictment the Defendant pleaded that the Town and Castle were so weake that he could not well keep them against so great a power of the enemies as was then ready to assaile them Whereupon he assembled all the Knights Esquires and others in the Towne and informed them of the dangers the Town was in and of the enemies forces and by common counsell and consent of them all he entred into a Treaty with the enemies to save the Lieges of the King within the Towne and Castle and thereupon yeelded up the same upon termes of composition receiving no reward at all for surrendring the Towne or Castle But because one Geoffrey of Argentine Knight affirmed in Parliament that he was then in person within the said Towne and Castle in the defence whereof he was alwayes ready to live and dye never consenting to the surrender thereof and because Sir Ralph de Ferrers Knight had valiantly defended them in former times against a great force of the enemy when they were not so strong as at the time they were surrendred And because de Gomineys had undertaken to keep them and if he could not have done it he ought in no wise to have undertaken to keep them and that another should and would have undertaken the safe keeping of them had not he undertaken it and for that he yeelded them up in this sort before utmost extremity when he wanted neither men nor victuals nor ammunition he was adjudged to lose his head notwithstanding his plea that he did it by the advice of a generall Councell of Warre Warre to save the Kings liege Peoples lives and estates and that the Towne and Castle were weake unable to resist the Enemies power This Towne was of far lesse importance to the Realme of England then Bristoll no treachery at all appeared in the surrender made by the vote
of a generall Councell of War yet we see the Governour adjudged to lose his head for not holding it out to the utmost extremity according to his duty And if his plea could not secure him from such a sentence Colonell Fiennes his plea being the very same with his that he surrendred the City and Castle of Bristoll to the enemy before utmost extremity because they were weak and untenable for any long time to save the lives and estates of the Garrison and Parliaments friends and that by the counsell and assent of all the Knights Esquires Souldiers and Inhabitants thereof must needs be frivolous and can no way extenuate his fault nor save his neck from the blocke the rather because Bristoll was of far greater consequence to the Kingdome now and better provided fortified manned victualed and more likely to be relieved then Arde was then The second President was of Pierce de Cressingham and John de Spikesworth Esquires who were arrested and arraigned in Parliament 7 Rich. 2. num 17. for yeelding up the Castle of Drinkham in Flanders to the enemies from whom it was gained by the Bishop of Norwich though it were well and sufficiently stored with victuals and other necessaries and strong enough to be held against the enemies without the will or command of the King or his Lievtenant To which Spikesworth pleaded That he had never the custody of that Castle or any thing to doe therewith but was chased into it by the enemy it being then in the custody of Piers de Cressingham That soone after the enemy assaulting the Barbican he was unhappily routed and one of his Varlets slaine close by him That he had never any thing to doe in the Castle neither as a Souldier thereof nor in any other manner whatsoever but onely continued in it in manner aforesaid till it was surrendred by the said Piers And therefore prayed that it would please the King to have him excused Whereupon it was ordered he should be set at liberty if nothing else could be said against him Piers Cressingham who had the custody of the Castle alledged That upon the yeelding up of the Towne and Castle of Burburgh to the enemy of all the Garrison souldiers he had with him at Drinkham none would continue with him for the safeguard of that Castle but onely five persons by reason of which great necessity he was constrained for the safety of his owne person and people to enter into a Treaty with the enemies to deliver up that Fort and thereupon he yeelded it up and not for any other cause nor in any other manner but onely by constraint of the power of the enemies aforesaid denying that he ever received any thing from the enemies by way of gift or in any other manner Whereupon he conceived that no man ought to impute any manner of blame or reproach unto his person but if it should be thought he had done ill in any manner he most humbly cast himselfe upon the grace of his Liege Lord. But because this excuse was held insufficient he was committed to prison till the King should otherwise declare his opinion concerning him Here was a case of far greater extremity then Bristoll without any apparent mixture of treachery but onely five of the garison left to defend the Castle when as the Defendant had 2300 Souldiers at least in Bristoll and a surrender by common advise for the Governours and Inhabitants safety yet because Cressingham the Governour by virtue of his office was bound to hold it till the utmost extremity he was for the present adjudged to prison and to expect a further sentence afterwards whereas Spikesworth was acquitted because he came casually into the Castle as forced by the enemy and had no charge of it as a Governour Officer or garrison Souldier all which as appeares by this resolution are answerable and punishable for delivering up the smallest Fort before utmost extremity The third president is the case of the Bishop of Norwich accused in Parliament 7. R 2 num 32. for surrendring the Town of Gravelin to the enemy before utmost extremity upon condition that it should be totally demolished To which the Bishop pleaded that by reason of the disobedience of his Captains who quitted the field and betooke themselves to their Forts he was constrained to retire with his Forces to the Towne of Graveling which he would have held out well enough against all men and did hold out till the other Captaines had surrendred their Forts adjoining to the French and after that untill speedy supplies might have arrived from England But because there were sixe or 7000 English-men who came out of the Forts surrendred lying on the sands neare Calice who could not get into the Towne and were in danger to be slaine by the French within two or three dayes the Truce being then expired whose losse would have been charged principally upon him thereupon he was commanded by the King himselfe to render the Towne to the enemies or else to demolish it and then to march to succour the said English and after that towards England to save himself and others of his Army in case they were in any great want of victuals as in truth they were and because it behoved him to abate and void the Towne as it was lawfull for him to doe at his pleasure being gained by his proper conquest from the enemy it seemed to him that he ought to be well excused of what ever was surmised against him for compounding with French to rase the Towne to the ground and to depart whither he would with his bagge baggage and men To which was answered by the Lord Chancellor That there was sufficient victuals in the Towne when the Kings Letter came there after which the King sent other victuals thither in great plenty with Letters importing how he had appointed his Uncle to come speedily to his aid and succour yet notwithstanding he departed thence leaving the Towne to the enemies against the forme of his Indenture by which the King granted him whatever he should conquer not at all to surrender sell or leave the same to the enemy but to hold and possesse it And as for the disobedience and defaults of his Officers and their surrender of the Fortresses they neither could nor ought at all to excuse him seeing they were all named and chosen by himselfe not by the King or his Councell and the Articles of the surrenders sealed between them and the enemies were made without the authority and consent of the King Wherefore by the assent of the Earles Barons and other Lords temporall present in Parliament it was assented and decreed That the Bishop should be in the King mercy who out of his grace would forbeare to lay hands on his body in regard of his function though he might justly have proceeded against him as a Lay-man that he should be put to a fine and ransome according to the quantity and quality of his offence
over his Opposites he lost both his Honour Head to boot by a judiciall sentence which he had formerly forfeited onely by a popular Vote * O the depth of the riches both of the wisedome and knowledge of God how unsearchable are his Iudgements and his wayes past finding out Yet this succeslesse shamelesse obdurate Delinquent persevering in his former obstinacy hath in his late Checke to the Checker ever since his censure and pretended pardon judged his Judges sentenced his very sentence yea * the Laws of Warre established by his Excellency by which he was condemned stiling them summum jus and so by consequence extreame injustice Pharisaically proclaimed himselfe A just innocent person a valarous Gentleman enabled with excellent gifts and endowments c. Branded his Prosecutors for blood-hunters men void of charity though they have suffered Pillowrings Lawyers bribed by Aulicus to write against Britannicus the sad fatall instruments of Malignants willingly or ignorantly put on by some Malignant or Iesuiticall spirit to foment divisions c. Justified his Innocency Integrity Valour even out of his very sentence of condemnation Proclaiming most scandalously to the world * That he was condemned onely for not burning the second city in the Kingdome to the ground and for not doing evill that good might come of it a diviner Law having a greater influence on his soule at that time then the Law of war An unparalleld affront against Laws and publike justice which patience it self cannot endure and withall drawes Argumentative princiciples both of his Innocency and Valour out of his Pardon which himself in all likelihood thrust first into it the Pardon savouring of his owne expressions These extravagant proceedings of this impudent incorrigible desperate Delinquent have necessitated the compiling and publishing of the ensuing Relation to vindicate Truth and publike Iustice with the Prosecutors and Iudges of this capitall Malefactor from those false calumnies and aspersions he hath hitherto cast upon them which if it actually bring his condemned head to the block after so long a reprieve and perpetuate his Infamy Treason judgement slanders to posterity he must only blame himself not us The losse of Bristoll being such a fatall blow to England and the Protestant party in Ireland that the present and all after ages shall for ever execrate his memory his obstinate justifying this ignoble actiō after a capitall judgment for it such a Monster as will make a nullity of all pretended or reall Pardons which might ward off his execution The God of mercy will not be mercifull to any impenitent Transgressors but will * wound the hairy scalpe of such who persevere in their trespasses It can therefore be no cruelty but justice for men to deny mercy where God himselfe will shew none and to take the head of an obstinate condemned Traitor who will neither acknowledge nor lament but still defend his Treason Have therefore a charitable opinion of his Prosecutors kinde Reader till thou hast perused this Relation with the Testimonies brought against him at the Tryall and if the Parliament Kingdome and thine owne conscience after due consideration thereof shall pronounce him worthy the indulgence hitherto granted him we shall not repine at his good fortune in scaping better then any other Delinquent for doing more mischiefe to the State then all others put together But if they all pronounce him guilty his judgement just though for the present we may say of him as Tully once did of that grand Traitor Cateline Abiit excessit evasit erupit Damnatus inani judicio having lost nothing but his honour in which part he is all dead flesh yet it can be no uncharitablenes in us now * to call for speedy execution after so long delayes which have not bettered but depraved this capitall Offender Who having been a spectator of the late siege of York which held out many moneths against two puissant armies near a fortnight after P. Ruperts with most of their Garrisons totall rout till they had but five barrells of powder left and yet then departed by composition with all their Armes their Colours flying Matches lighted Powder in their Bandileers Bullets in their mouthes bag and baggage in their Carriages like Souldiers and upon a thousand times more honourable termes then he quitted Bristoll in lesse then 3. daies siege before any Out-fort taken wherein he left all his Canon Armes Ammunition Colours Magazines to the enemy will now wee presume pronounce his surrender of it most dishonourable Cowardly Traiterous and his Iudgment just at least all others will repute and Glocesters former Limes late most heroick defences against their long furious sieges will proclaim resolve them such him unworthy any favour Vale. A True and full RELATION OF THE Prosecution Araignment Triall and Condemnation OF NATHANIEL FIENNES Late Colonell and Governour of the City and Castle of BRISTOLL Before a Counsell of VVar held at Saint Albanes during nine daies space in December last touching his Cowardly Vnworthy and Traitorly surrendring of the said City and Castle to the Enemy before he was necessitated thereto not one of the out-Forts thereof being so much as taken nor the City or Castle walls once battered or assaulted by the Enemies who besieged it not full three whole dayes NATHANIEL FIENNES having unexpectedly if not ambitiously procured the Government and most cowardly unworthily quitted the possession of the famous City and Castle of Bristoll the chiese Magazine and Bulwark in the western parts by surrendring them beyond all expectation to the enemy when no waies necessitated thereunto was yet of that transcendent boldnesse as to justifie this his Ignoble Act First by a solemn premeditated Speech in the House of Commons after that by a printed Relation and a Letter to his Excellency and the better to evade a Parliamentary Tryall for that fatall Blow he had given to the whole Kingdome in the yeelding up of Bristoll which sadded the hearts of all exasperated the spirits of some well-affected to the Parliament and Republique he cunningly desired in the close of his Speech and Relation that the truth of his Narration might be examined in a Counsell of Warre and he either cleared or condemned thereby To which purpose he obtained an Order of the said House when as yet he had no other Accuser but his owne conscience which if we beleeve the Proverb is a thousand witnesse This his unexpected audaciousnesse to justifie an action so universally condemned by the suffrages of all sorts of men provoked Mr. Prynne after some diligent inquiry into the truth of this disguised businesse in his booke entituled Romes Master-piece printed by Authority of a Committee of Parliament pag. 35. to stile that action formerly censured in sundry printed Mercuries both at London and Oxford The most cowardly and unworthy surrender of Bristoll a fit inlet for the Malignant Welch Papists and Irish Rebells lately landed there in great multitudes to cut all our throates and withall
obliged Mr. Walker in point of duty as a Deputy Lieutenant and Committee of Parliament in those parts to publish in print An Answer in confutation of the said Relation thereby to vindicate the Truth and let the Parliament see they had not employed such a man as would palliardise Lies and become a pander unto Falshood Now had Fiennes beyond his expectation gotten two adversaries whom he must needs seemingly call into the List lest before the Counsell of Warre he might be thought to fight only with his own shadow presuming therefore more upon the strength of his friends then goodnesse of his Cause he resolved to make these two Gentlemen the subject of his Triumph he had lost one victory for his Country but would gain another for himselfe and lead Truth captive she should have been the Trophy to his Victory as well as Bristoll was to the Cavalliers and he should still be reputed a Man of Honour The better to compasse this Conquest the busines was projected by him in manner following Mr. Prynne must be privately dealt withall by Mr. Sprigge the Lord Sayes Sollicitor to retract his former Passage as scandalous and dishonourable to Colonell Fiennes and his Noble Family though neither of them are named or personated in in it which he refused to doe advising Col. Fiennes as his friend to rest quiet for feare he lost his head and subjected himselfe to a legall as well as a popular censure assuring him that if the businesse came to a publike examination if he understood any Law or Martiall Discipline it could not but prove capitall to him Mr. Prynne continuing thus inflexible protesting he would never betray the truth his Country or the Honour of the Parliament which had licensed his Master-piece to palliate an unworthy action in any his dearest friends and Mr. Walker being too stout to recant those Truths he had published in his Reply there was now no other remedy left this man of Armes to preserve his Head and Honour now at stake but these ensuing policies First he endeavours all he could to take off and disingage the Parliament from any avowed publique prosecution and examination of this unworthy surrender to keepe his Person exempted from all restraints to continue himselfe a Member of the House and have free recourse thereto without the least suspention the better to buoy up his sunck Reputation and deterre his Prosecutors from articling all Witnesses from appearing against him remaining still a Member which appeares by his subsequent exceptions to our Impeachment presented to the House as an high breach of Priviledge equall to that of the five Members Nex since Mr. Prynne and Mr. Walker had lost the best part of their Estates in the losse of Bristol it was contrived that the businesse should be made as troublesome as chargeable in the prosecution to them and their witnesses as could be notwithstanding they were engaged not out of any private interest but only for the publique that so the trouble and expence of the very Triall might forestall it And therefore upon the humble Petition of Nathaniell Fiennes and his Officers to his Excellency Mr. Prynne and Mr. Walker by the ensuing publique Proclamation posted up both at Westminster and the Exchange were commanded to appeare before a Councell of War to be held in the Army a place indefinite upon the 19. of October 1643. there to justifie what they had published or could alleadge against the said Colonell Fiemes or any of his Officers concerning the surrender of Bristoll WHereas upon the humble Petition of Colonell Nathaniell Fiennes late Governour of Bristoll and divers of his Officers I have appointed the nineteenth of this instant month of October being Thursday to receive an account concerning the surrender of the City of Bristoll at a Counsell of War to be held in the Army and whereas Mr. Clement Walker and Mr. William Prynne have published severall things in print tending to the dishonour of the said Colonell Nathaniell Fienne late Governour of Bristoll touching the surrender of that place they the said Clement Walker and William Prynne and all others who can shew any thing wherein the said Col. Nathaniell Fiennes then Governour of Bristoll or any of his Officers have done any thing in that action contrary to the rules of warre and honour of souldiers are required to appeare at the said Counsell of warre to give in their informations ESSEX Before this Proclamation was first pasted up at Westminster Master Walker by practise and procurement of the Colonell as he had cause to suspect and the sequell evidenced for some misconstruction made of a clause in his Answer to Col. Fiennes Relation was questioned in the House of Peers where this originall complaint was so soone waved by falling upon some collaterall words supposed to be spoken to Master Baker the Messenger but denyed by Mr. Walker for which Master Walker was suddenly fined and sent prisoner to the Tower as many conceived the first quarrell was not so much Causa data as quaesita of purpose to disable his prosecution of the cause Whereupon Colonell Fiennes having gained this advantage to shew his valour in trampling upon an imprisoned Antagonist stript both off his liberty and estate as his brother Iohn did his in cutting off Major Woods finger when two men held him fast sets forth a Reply to Mr. Walkers Answer of his Relation so fraught with lies a base lye and such like uneivill ignoble language in the Margin where all the lies were concentred as better became an Oyster-woman at Billinsgate then a Souldier or man of Honour and lost him exceedingly in all wise mens opinions Not contented herewith he likewise caused a scandalous Paper to be printed and dispersed about the streets intituled The true causes of the commitment of Master Clement Walker to the Tower and then posting up the forementioned Proclamation at Westminster Hall gate and the Exchange some two or three daies after to wit on the 13. of October about night he sent his foot-boy to the Tower to M. Walker with a Copy of it without any seal or subscription of his Excellencies name or other Summons inclosed in this Note SIR I Have sent you a Copy of my Lord Generalls Proclamation concerning the Counsell of Warre that is to be held on Thursday next concerning Bristoll I understand you are in restraint by Order of the Lords House not for your booke which you writ in answer to my Relation for that is referred by the House of Commons to a Counsell of War where I expect you should be to justifie what you have therein published to my dishonour but for words spoken by you against a Peere against the whole House of Peers yet so soone as the Lords House sits I will procure the House to be moved that you may have your liberty in such a manner as that you may be at the Counsell of War and make good there what you have published against me if
many Inhabitants of this City who have lost their estates thereby and this a leading case to others of like nature not fit to be hudled up in a corner since anciently tried only in Parliament and now thence transmitted only by the said Colonels owne motion Your Petitioners humbly desire your Honours out of your zeale to publique justice to order that this cause may have a faire and speedy tryall upon the Articles of Impeachment hereto annexed against the said Colonell which we are ready to prove at our perils either in full Parliament according to ancient use or at a generall Counsell of Warre to be held publiquely within London or Westminster at a set time and place in the presence of your Honours concerned in it in the Kingdomes behalfe which they humbly conceive the said Colonell if faultlesse will readily condiscend to and that he upon these our Articles of Impeachment may according to ancient presidents and the present examples of Master Waller Sir Iohn Hotham and his sonne with others of like nature be forthwith committed to safe custody till the tryall And your Petitioners desirous of nothing herein but the Republiques and your Honours safety and service shall ever pray c. Clement Walker William Prynne This Petition by reason of other occasions though daily and earnestly sollicited could not gaine Audience in ten dayes space and then a day being appointed for its reading Col. Fiennes and his friends who had notice of it endeavoured to suppresse it as soone as read and the Articles too some of them excepting against the word hudled up in the Petition as scandalous to his Excellency and the Councell of warre though not so intended and Col. Fiennes his own expression in a paper to Mr. Pryn others of them pretending the Articles of Impeachment annexed to the Petition were as great a breach of the priviledge of Parliament as that Impeachment against the five Members though done only in pursuance of the Colonels owne motions and the Houses own Orders who had formerly referred him to the triall of a Councell of warre and so the cases no wayes parallel moved that they might be sealed up and suppressed before they were heard or read and the Petitioners brought to the Barre and proceeded against criminally for the same so much Art and Policy was there used to retard and take off this Prosecution But at last after long debate in the House upon the reading of Mr Prynnes forecited Letter to the Colonell who there produced it by way of complaint desiring it might be read thinking thereby to lay up Mr Prynne in Prison as he had done Mr Walker and so to be suddenly quit of his Prosecutors with Honour and Triumph the House quite contrary to his expectation made these ensuing Votes for the reading of the Articles and recommending them to his Excellency Die Mercurii 15. Novembris 1643. THe humble Petition of Clement Walker and William Prynne Esquires concerning Mr Nathaniel Fiennes and the surrender of Bristoll was this day read in the House of Commons and Articles of accusation of the said Mr Fiennes touching the surrender of the said City of Bristoll and Castle were this day likewise presented to the said House A Letter from Mr Prynne to Mr Nathaniel Fiennes was likewise read Ordered by the House of Commons that as they shall be carefull that there shall be a faire and equall Triall of Mr Nathaniel Fiennes so they will take the Petition of the Petitioners and the Articles after the Triall into consideration in as much as it shall concerne my Lord Generall and the Councell of Warre and as it shall concerne the Priviledge of Parliament Resolved c. That the Articles entituled Articles of accusation and impeachment against Colonell Nathaniel Fiennes late Governour of the City and Castle of Bristoll touching the dishonourable surrender thereof to the Enemy contrary to his Trust and duty by Clement Walker and William Prynne Esquires shall be now read The said Articles and Impeachment were accordingly read The Petition and Articles were signed Clement Walker and William Prynne and they were both called in and at the Barre being demanded whether the names subscribed were of their owne hand writing did avow the names to bee of their owne hand writing and did avow the said Petition and Articles Ordered that a Copy of these Articles attested under the Clerks hand bee forthwith sent to my Lord Generall H. Elsynge Cler. Parl. D. Com. These Votes soone after drew on the long-delayed Triall put off by severall adjournments from the 19. of October till the 14 of December so long were these Gentlemen ere they could bring the Beare to stake notwithstanding his many vapouring flourishes of purpose to abuse the world which before this were discovered by most to be no better then fig-leaves to cover his shame withall After all these undermining endeavours of Colonell Fiennes to suppresse retard discourage and tire out his Prosecutors came the long expected day of Triall at Saint Albanes upon Thursday the 14 of December 1643. where Mr Walker and Mr Prynne appearing before a select Honourable Councell of Warre designed and assembled to heare this cause in a Roome adjoyning to the Town-Hall Dr Doresla Judge Advocate of the Army there demanded of them whether they had any Articles of Impeachment drawne against Colonell Fiennes To which Mr Prynne replied that he being a Member of the House of Commons they had exhibited their Articles to that House who by Order had sent a Copy of them to his Excellency upon which they were to proceed Which the Advocate thereupon acknowledging my Lord Roberts President of the Councell of warre commanded him to read the said Order and Articles sent together with it as soone as the Order was read Mr Prynne tendred a copy of the Articles of impeachment under Mr Walkers and his owne hands agreeing with those delivered to the House which he averred they were there ready to make good in each particular desiring the Councell to proceed upon them because the other was but a copy which they had not subscribed but this they now tendred an originall which was assented to Upon this Dr Dorisla the Iudge Advocate was commanded to read the Articles but Mr Prynne then perceiving the doores kept close contrary to expectation and all Persons Auditors but themselves alone excluded and fearing that by this meanes a doore would be opened to Colonell Fiennes and his party to misreport the proceedings of this Triall as they had done the Relation of the siege and surrender of Bristoll before the reading of the Articles made this request to the Councell that this hearing might be as publike as the cause it selfe and as that place could afford the doore set open and none excluded the rather because himselfe and Mr Walker being no chalengers but chalenged were engaged in this Prosecution not in their own particular interests but the Republikes and that by speciall Order of Parliament the representative
too without and against the consent of the Parliament or his Excellency their Generall into the hands and power of Prince Rupert and other common enemies of the Kingdome and Parliament to the extraordinary great danger dishonour losse and prejudice of the whole Kingdome and Parliament the evill example of other Governours and Townes the losse of most of the Westerne parts of England and great encouraging inriching and strengthening of the said enemies both by Land and Sea and that upon very dishonourable Articles to which hee was no wayes necessitated and had no care to see them punctually performed by the enemy when complaint thereof was made to him for reliefe to the great prejudice and impoverishing of the Inhabitants and Garrison souldiers there 5. Item That the said Colonell without the privity or consent of any generall Councell of War did of his own head send out for a parley with the enemy when divers Officers and souldiers advised and perswaded the contrary and would have repulsed the enemies and defended the said City and Castle to the utmost That the surrendering up of the same was principally occasioned by the earnest perswasion advice and cowardice of the said Governour contray to his trust and duty to keepe the same And that the said Governour when as the Councell of warre unanimously voted upon the parley that it was neither safe nor honourable for them to depart the Towne unlesse they might march thence with halfe their Armes at least and with their Colours thereupon after some private conference with Col. Gerrard one of the enemies Commissioners in the Garden without the privity and contrary to the Vote of the said Councell did make and insert the last Article that they should leave all their Canon and Ammunition with their Armes and colours behinde them and returning to them out of the Garden told them plainly that they must now deliver up all to the enemy but what was expressed in the Articles he then produced and leave their Armes and Colours behind them to the said Councells and souldiers great discontent And whereas by those very Articles the said Town and Castle were not to be delivered up till nine of the clocke the next morning nor the enemies to enter them till the souldiers and other Gentlemen were marched out the said Governour was so over-hasty to surrender up the same that hee delivered them up to the enemy above one houre or more before the houre agreed on and suffered the enemies to enter and possesse them before the souldiers were marched out whereby many of the souldiers were pillaged in the castle and towne and divers of the Inhabitants best affected to the Parliament plundered before the houre of surrender came to their great losse and undoing 6. Item That he the said Colonell during the three dayes siege of the said City and castle did not give any such incouragement to the souldiers and Officers who bravely defended the same and slew neere one thousand of the enemies best men by his own printed Relation with the losse onely of eight persons which much discouraged them as his duty and place required and they expected And that when a small number of the enemies not two hundered who gave themselves for lost had entred the Line of Communication at the weakest place which was worst guarded on Wednesday morning the 26. of Iuly last being bravely repulsed by the Souldiers with great losse in all places else he the said Colonell for two houres space or more during which time no more Enemies entred or approached the said Breach both neglected and refused to command or incourage the Officers and Souldiers who offered to beate them out in due time as he was advised and pressed to do by Captain Bagnall Livetenant Colonell Dauison and divers others who would have undertaken that service and instead of incountering the said Enemies against whom the very women offered to go on with their children to dead the Canon if the Souldiers were afraid rather then the City and Castle should be yeelded called off the Souldiers and Officers from the Line and Out-works that the Enemies might the better enter them without resistance upon pain of death much against their wills who should and would have hindered and repulsed the Enemies and discouraged and hindered such as were forwards to have cut them off sounding a parley when the Enemies were so beaten that they threw down their Armes and cried for quarter insomuch that divers of the Souldiers and Inhabitants cryed out they were betrayed and some of the Souldiers brake their Armes in discontent swearing they would serve the Parliament no more 7. Item That the said Governour notwithstanding his promises to defend the said City and Castle and dispute it to the last had yet a reall intention to deliver up the same to the Enemies before ever they were besieged by them and no thought at all to defend them to the uttermost or till they might be relieved by his Excellency as appeares by the premised Articles by the said Governours refusall to send the Prisoners formerly taken out of the said Castle before the Enemy approached when moved to it by Sir William Waller saying to him and others that he would detain those prisoners still there to make his owne Conditions and Composition the better with the Enemies if they came before it by his commanding Master Hassard the Master Gunner there to lay aside a Reserve of Thirty Barrells of Powder with Match and Bullet answerable to which when he was reduced he would then Treat with the Enemy which he did long before he was reduced to this large Reserve by other speeches to the like effect And by his moving Sir William Waller to depart from Bristoll before it was besieged who otherwise would have adventured his life in its defence 8. Item That he the said Governour when he surrendred the said Castle to the Enemy had at least sixty Barrells of Power therein besides what was in the City and Forts being above twenty more then were in Gloucester when it was first besieged Five hundred Canon shot fifty great Granadoes fourteen hundred weight of Match or more great store of Musket Bullets and Tin to make more A Match-make a Bullet-maker with materialls to make Match and Bullets and all manner of provisions and Victuals sufficient to maintain one Thousand men for three or four moneths space at least Eleven Canons therein Mounted besides 44. Canons mounted in the City and Forts All which were surrendred to the Eenmy before any battery or assault made against the said Castle though he had men more then enough by his own Relation to defend it contray to his promise made to divers Inhabitants of the said City best affected to the Parliament to defend the same to the uttermost and to dispute every foot thereof with the Enemy and to keep it or to lay his bones therein who thereupon sent their Estates with provisions for them and their
families for three months space or more into the said Castle where the said Colonell promised to secure and defend the same most of which their Estates were there seized on by the Enemy to their undoing by reason the said Colonell admitted the Enemies into the said castle and delivered up the keyes thereof unto them before the houre agreed on in the Articles such was his extraordinary haste to quit the same 9 Item That the said Colonell to aggravate this his dishonourable action hath presumed to justifie the same not onely before the Honourable House of Commons by word of mouth but likewise before the whole Kingdome and world in Printed Relations and Letters wherein he hath laid an extraordinary great Blemish both upon the Honourable Houses of Parliament and his Excellence the Earl of Essex their L. General by publishing in Print that had he manfully held out the said city and castle to the last yet he could not have expected any reliefe from them in six or eight weekes space at the least when as Glocester since Besieged with far greater force then Bristoll was yet relieved by them in lesse then halfe the time as Bristoli doubtlesse might and would have beene and held out a full moneths siege or more as Bristoll might have done though he the said Colonell to add to his former offence and hinder or anticipate the relief of Glocester that it might be lost as Bristoll was gave out in speeches to some Members of the house of Commons and others and namely to Master Samuel Browne and Master Iohn Sedgwick that he would lose his head or be hanged if Glocester could or would hold out three dayes siege if the Enemy once came before it or words to the like effect 10 Item That the said city and castle were so cowardly and unworthily delivered up to the Enemies that they have since published in Print and given out in speeches that the said Colonell Fiennes did bestow the same upon his Majesty that they were delivered up to them beyond their expectation and that they could not have taken the same had it been defended by the Governour who eventually at least if not intentionally did but strongly fortifie and plentifully store the same with all manner of provisions to make it Tenable at the Kingdoms and the Countreys extraordinary expence to render up the same to the Enemies with greater advantage to them and far more prejudice and dammage to the Common-wealth as soon as it was made defensible Clement Walker William Prynne The Answer of Col. Nathaniel Fiennes to the Articles exhibited by Clement Walker and VVilliam Prynne 1. TO the first Article Colonell Fiennes denieth that he did suddenly apprehend imprison and remove from the Government of the city and castle of Bristoll Col. Thomas Essex the Governour thereof upon pretence that he intended to deliver up the same into the hands of the common enemies of the Kingdom and Parliament or upon any pretended cause whatsoever or that Col. Thomas Essex was ever Governour of the said city or castle but doth acknowledge that soon after his comming to Bristoll by an expresse Order from his Excellency written all with his owne hand he did send unto him Col. Thomas Essex who at that time commanded a Regiment in that city and as hee is well assured that his Excellency had very good cause to send that Order to him although he knew nothing before it came unto him so hee did not put it in execution but upon mature deliberation and advice with most of the wisest and best affected Gentlemen to the Parliament and of the best quality in the Towne and Countrey and upon good cause appearing unto him and that for the security and preservation of that city which in all probabilities could not otherwise at that time have beene secured And he doth further deny that thereupon or at any time after he did seek or desire the Government of that city for himselfe But on the contrary that he did seek and endeavour to be freed from that employment and that not in complement but really earnestly frequently as hee is ready to make good by proofe And lastly he doth deny That ever hee undertook to the Parliament or my Lord Generall to make good that City or Castle or that ever he had anycharge of the Castle as a Fort or otherwise then hee had of any Church or house in the City but on the contrary That he did from time to time declare that he could not keep that City in the condition it was and that it would certainly fall into the hands of the Enemy unlesse better provision were made for it and that he would not be answerable for it unlesse certaine propositions which he sent to the Parliament or something equivalent thereunto might be granted unto him which he could never obtaine And further the affirmeth That he never did undertake not to surrender the said City or Castle both or either of them without the previous consent and Order of the Parliament or that the Parliament ever did or in reason and justice could require any such undertaking of him or that he did or ever would have undertaken it all which hee is ready to make good by proofe 2. To the second Article Col. Fiennes doth acknowledge that not many dayes after his sending away Col. Essex by the blessing of God upon his care and vigillance he discovered and defeated a wicked conspiracy plotted between divers Inhabitants of the city of Bristoll and some of the Officers of Col. Essex his Regiment for the delivering up of that city into the hands of Prince Rupert and other common Enemies of the Kingdom and Parliament and thereupon apprehending and imprisoning divers of the Conspirators and thereby disappointing the design of the Enemy hee was a meanes under God at that time of preserving that city for which he received publike thanks by a Letter from both Houses of Parliament which he hath to shew and after by vertue of a Commission from his Excellencie by Order of both Houses of Parliament he called a Councell of Warre whereof himselfe was appointed President by the said Commission and by that Councell of Warre divers of the Conspirators after due try all were condemned and the sentence of death passed upon them which sentence Col. Fiennss did forbeare to put in execution till such time as he had acquainted the House of Parliament and his Excellencie therewith and the grounds thereof and then by his Excellencies command according to a Vote of the House of Commons hee did execute two of the principall Conspiratours viz. M. Yeomans and M. Butcher notwithstanding the importunity and most earnest intercession of the Mayor and Aldermen and divers of the city to the contrary and the threats and desperate speeches given out by the Malignants although it so happened at that time that a considerable strength was drawne forth of the Town to
without any the least resistance Ergo no act of courage but rather of discretion or distrusts Fourthly That at Worcester all the horse were routed and fled and his own and brothers Troops among the rest is no great Argument of their valours which received some blemish by that action And that hee and his brother were some of the last Officers of horse who there came off the Field it might be as well because they were in the reare of all the horse and so could not possibly flie out of the field before the rest as by reason of any extraordinary valour in them more then others and so no convincing proofe of valour in them Fifthly That his valiant charging in Sir William Balfoures Regiment at Edgehill where every man did valiantly and none turned their backs in all that Brigade whereof he principally glories and the Check to the Checker most tryumpheth in can be no speciall proofe of his courage since every coward will charge in Company where no man turneth his back and where there is greater danger in flying then charging However admit it were good evidence yet this is a very ill sequell if put into a logicall forme Col Fiennes charged valiantly with Sir William Balfoure at Edgehill Ergo he did not cowardly surrender Bristoll His second Argument to prove the surrender not cowardly was his not quiting of Bristoll immediatly upon Sir William Wallers defeat at the Devises and his raising of men armes and perfecting the works even after that to defend it when many of the Countrey Gentlemen left the Town and marched to London with Sir William Waller To which Mr Prynne answered First that hee did but his duty in all this which was rather an Argument of his deligence then courage Secondly That it had been the greatest treachery and cowardize in the world upon Sir Williams bare defeat to quit a City of so great consequence which hee was charged to keep by his Commission and in fortifying whereof hee had spent so great costs before the Enemy came before it who might probably as things then stood have no reall intention presently to besiege it upon that defeat Thirdly Extraordinary diligence in fortifying is the greatest Argument of feare and cowardise if not seconded with answerable prowesse in defending what is fortified a coward will sooner provide Armour of Proofe then a truly valiant man since therefore the City was no longer defended when fortified and manned this reason will rather convict then acquit him of cowardize Fourthly The true reason why so many Gentlemen then diserted the City was as themselves have confessed not for that they deemed it untenable but because they feared and discerned the Denfendant intended not to keep it to the last but to surrender it to the Enemies hand which he hath clearly enough confessed in his Answer Fifthly This Argument in verity is no more in effect but a Governour provides Armes Souldiers Canons Ammunition to defend a Town of importance or to encounter the Enemy and then surrenders it as he hath done in lesse then three dayes siege or runs away after he hath stood a charge or two Ergo he did not cowardly herein because he provided men and Armes whose valiant use not diligent preparation is the only proofe of valour His third argument was No man could have expected lesse safty of conditions then himselfe he only being excepted out of the generall pardon offered to the Souldiers and Citizens Ergo he surrendred it not cowardly To which was Answered First That it is probable his speedy unexpected surrender of the Town and Castle before extremity proceeded either from a fear to lose his life in holding them out till the last or a desire to purchase his Peace and Pardon out of which he was formerly excepted from the King with so rich a prize of consequence as Bristoll was which would most certainly procure it with infinite advantage to the King and greatest prejudice to the Parliament Secondly That if he could have expected lesse safty of conditions then any other for the reason alledged this should have rather engaged him to hazard his life in defending it to the utmost extremity then to yeeld it upon any termes prejudiciall to his own security which is first provided for in the Articles His fourth was That he could never have undergone more danger in the Castle had he held it then he did in the Guards which he diligently visited Ergo he surrendred it not cowardly To which was Answered He received no hurt at the Guards and lost but 6 or 8 men at most in the siege Ergo if he might with as little danger and losse have held out the Castle his crime and cowardize was the greater in surrendring it so dishonourably without stroke or once retiring to it His fifth Was from his cariage when the Enemies entred to prevent whose taking the City he had only two meanes left The first was to fire the Suburbs for which hee issued out a Warrant as his universall witnesse for every occasion Lievtenant Clifton affirmed a meere party and Delinquent who advised the Parley surrender and called all off the Line upon paine of death which warrant was not executed but revoked for want as he alledged of men to fire them The second was to fire the City behinde them and so to retreat into the Castle which he could not possibly doe without the death of many innocents men women children and ruining of many mens Estates A fact so horrid that his tender conscience would no wayes permit its execution hee being loath to begin so ill a president which would have infinitely redounded to the Parliaments dishonour Besides the Castle being not large enough to containe halfe his horse and foot and the streets very narrow he could not have retyred into it without great difficulty and danger of being cut off by the Enemy and those horse and foot which could not be received would have been utterly lost and exposed to the Enemies cruelty Upon which considerations only not out of any cowardize he did by Cliftons advise call a Councell of Warre and propound a Parly whereupon the surrender ensued Therefore it was not cowardly To which Mr Prynne replyed First That it is apparent by this Argument that if the Suburbs had been fired the City Castle might have been saved and the Enemies beaten out when lodged in the Surburbs Therefore he ought in this case both by the Common and Marshall Law to have fired the Suburbs to preserve the City Castle and must answer his negligence in not doing it his want of men to fire the Suburbs being a frivilous excuse since he had at least 2300 Garrison Souldiers and Mr Hassard the Gunner as he acknowledged to divers and Major Wood with others offered to beat or fire them out of the Suburbs but could not be permitted though it might have been done with ease the houses
the Line of Communication which the Enemies entred at Bristoll was the Principall Rampart as he pretended Therefore his surrender of it upon their entring the Line was justifiable To which was answered First that the Enemies entring the principall Rampart is no lawfull sufficient ground of a Parley or surrender no nor yet the taking of the principall Fort for the reasons aforesaid as long as the other Forts or Townes are tenable by holding whereof the Enemy may in time be repulsed out of the works they have entred If this were true Military Doctrine then London should by like reason be surrendred to the King in case he came before it together with the Tower as soone as the Line of Communication the chief Rampart were entred or any Out-Fort taken and an whole Army should yeeld the Field if one Troop or company of the Forlorne hope were routed Secondly Though the Line of Communication of Bristoll were entred in one only place yet not one of the Out-Forts was taken the body of the City defended by the Key and all that part beyond the Bridge together with the Castle the chiefest Fort Rampart Sconce and every Street in the Town both tenable and defensible as we have formerly proved therefore the Enemies bare entry within the Line of Communication only was no extremity at all to justifie its surrender in the judgment of any but extreame cowards Thirdly That the maintaining of such a cowardly Paradox to excuse this surrender was an argument it proceeded from cowardize and a sufficient proofe of a timorous spirit His second Paradox was That if the Enemy had once entred or possessed the Town the Castle ought not to bee kept to the prejudice of the Citizens but ought to bee surrendred together with the Town by the constant practise and policy of Warre in all places all ages in which he was so confident that hee challenged Mr Prynne to shew one president to the contrary and produced divers examples in forraigne Parts out of French Mercuries and Gallobelgicusses with some late examples at home to justifie this assertion as namely the example of Leypsick Mentz Philips-burb Prague Ausburge the Burse Breda and other Townes abroad of Portsmouth Exceter Lincolne Worcester Winchester Chichester Malmesbury Hereford Taunton Town and Castle Bridgwater Dorchester Dartmouth Lime Reading where he saith the Townes and Castles were both surrendred together and not the Castles held out when the Towns were taken yet none of these Governours were ever questioned by the King or Parliament And hee gave this reason to prove this Paradox that if Castles should hold out when the Townes were taken or yeelded it would much dishearten the Citizens and make them unwilling to entertaine or assist any Garrisons in the Castles To which Mr Prynne retorted retorted That this was the grossest absurdity that ever was broached by any man in his right sences and had hee not been intoxicated with a spirit of pusilanimity he would never have invented such a poor subterfuge or made such an ignorant challenge as this to save his endangered life For first Castles and Citadels in most Townes are usually the strongest most tenable most impregnable pieces of all others best able to resist and annoy the Enemies the Out-works Line and Towns themselves lesse tenable and resistible then they to argue therefore that the Castle ought to be surrendred as soone as the Town is entred or taken by the Enemy is in effect to averre That the strongest Fort of all must bee yeelded because the weakest part of all is entred If this were a good Souldierly argument then by the selfe-same reason if there were twenty strong Forts or Castles about a Towne and but one weake one the whole twenty strong ones though tenable must be yeelded because only the weakest one was forced the Lord Mayor of London in case that City were besieged might yeeld up both the Tower Town and all the other Forts to the King if the weakest part of the Line were but entred or Hide-Parke or Islington Fort once entred by the Enemy Yea by this kinde of Souldery if the weakest Troop or Company in an whole Army be routed the maine Body and Battalio of it must presently yeeld up themselves and the Field too because this weak party thereof is defeated and his Excellency at Edgehill fight where some of his horse and foot runne shamefully away upon the first charge should by this sencelesse policy have fled or yeelded and not wonne the day as he did with greater honour because the worst and weakest part of his Army was routed But since all men know that the strongest Forts and parties are to defend the weakest not the feeblest them and the Castles in Cities made more strong and tenable then other parts for this very purpose that they might hold out when the weaker parts are taken this being the only use for which they were built and made so strong the reason holds good on the contrary part that because the Town which is the weakest is taken therefore for this very reason the Castle which is the strongest part ought to be held out and not surrendered Secondly Castles in most Townes command the whole Townes where they are and those who are Masters of them are still Masters of the places and will soon regaine the Townes but if once surrendred the Enemies become presently absolute Masters of both and no hope is left of regaining either Town or Castle againe without a siege or infinite expence and danger Therefore there is all the reason in the world to maintaine the Castles to the utmost when the Townes are entred and not to yeeld them up together both to preserve the dominion of the place and regaine the Townes with ease and speed Thirdly As long as the Castles hold out the Enemy can enjoy little benefit by the Towns and have lesse security in them Besides their Conquest is incompleat lesse terrible not advantagious their progresse from thence to other places retarded unlesse they leave the Castles unbesieged And their forcing of the Castles will consume them farre more men Ammunition money then the entring of the Towns which without the Castles commanding them are little worth Therefore for all these reasons it is apparant that Castles ought to be kept by the constant exquisitest grounds and policy of warre when as the Towns themselves are taken or surrendred Fourthly Neither will this be a discouragement but the greatest incouragement that may be to the Citizens that the Castles must thus hold out to utmost extremity First because the persons and estates of the wealthiest Citizens will be there secured against the Enemies rage and plunder as the honest Bristolians thought to have saved their persons and estates by retiring into the Castle when the Town had been forced which were lost by surrendring it Secondly Because by keeping the Castles the Townes are certaine to bee preserved or regained in a
been bred a Souldier that I shall forbeare to trouble this honourable Councell so well versed in Histories and Warre with any more presidents of this kinde Sixthly To his objected presidents Mr Prynne answered First that they were only alledged not proved by witnesses or Records Gallo Belgicus being neither a legall testimony nor record to be given in evidence at a tryall Secondly That many of his presidents were forraign and it did not legally appeare what were the grounds of those Townes or Castles speedy surrenders which in all probability was want of food there being such a scarcity of it in Germany by reason of the long continued warres that few Towns or Castles were victualed for one fortnights siege and perchance they wanted Ammunition as well as food Thirdly It appeares not whether those Governours were not questioned and capitally punished for delivering up these Townes and Castles since we finde that in these late Germane wars some have been condemned and executed for yeelding up Townes too suddenly Fourthly many of our Towns he named had no Castles in them at least none fortified to keep out an Enemy Fifthly Although the surrendring and quitting of these Townes to the Enemy was connived at and never brought legally into question as the surrender of Bristol now is yet they deserved to be both questioned and punished as the quitting and yeelding of Taunton Dorchester Lincolne Banbury Oxford and other places And if so these examples can be no justification nor extenuation of the Defendants crime It is no plea for a Thief when taken arraigned to say Such and such Theives have robbed others and yet were never indited nor punished for their robberies Ergo my robbery is lawfull and I must not be condemned for it Had they been apprehended and indicted it had been no plea for them that some other thieves escaped without questioning therefore no justification nor excuse for him who is arraigned Yet this is the sum of the Defendants argument Other Governors in Germany and England who have cowardly and treacherously surrendred quitted Garrison Towns have not been questioned for it Ergo I must not be condemned nor blamed for my cowardly traitorly surrendring of Bristol now I actually impeached and convicted for it If this be a good plea to what end are Martiall Lawes Every Coward Traytor shall then scape scotfee though he undoe betray an whole Kingdome Seventhly Some of the Townes he instanced in were cowardly quitted or yeelded up upon his surrender of Bristol as Barnstable Dorchester c. whose losse must be put on the Defendants scorce As for the losse of Exceter which he instanced it was answered First that Exceter was besieged and held out more Monthes then Bristol did dayes being beleaguered aboue three Months space ere it yeelded and had he held out Bristol so long as he easily might it would have beene relieved in halfe the time and kept safe till now Secondly that the yeelding up Bristol was the losse of Exceter which was much discouraged by its ill president and left destitute of all hopes or probabilities of relief by its surrender being too remote for his Excellency to relieve it without endangering the losse of Kent London and Essex during his absence hence and there being no other Forces neare that could in any possibility or probability relieve it yet though it were thus hopelesse of all succours and much discouraged with the ill examples of Bristol Barnstable Dorchester Bridgwater Taunton and other Western Townes it held out till the principall Fort was taken and all their powder spent yea the Garrison Citizens were all resolved to have kept it with their Pikes and swords when their Ammunition was exhausted had they had but any probable hopes of succours from any part of which being utterly hopelesse they did for want of powder after above three Monthes siege surrender the Town and Castle upon somewhat more honourable Termes then the Defendant did Bristol Wherefore this president was so farre from justifying his ignoble act that it was a pregnant testimony and conviction of his guilt in not holding out Bristol three dayes when Exceter held above out three Monthes siege and spent all their Ammunition before they fell to Parley His third Paradox was That some Generalls had sentenced Commanders to death for being too obstinate in defence of Forts and standing it out overlong and that a French Author there produced affirmed it was a capitall offence to stout out a place overlong To which Mr Prynne answered 1. That this new Doctrine was certainely calculated only for that Meridian where this great Souldier was borne and fit for none but it Secondly That the Defendant was so far from this fault of stouting it out over-long that he deserves to lose his head for yeelding Bristol up too soone which certainly in all mens judgements is the more capitall crime of the two Thirdly That no one president could be produced in Story where ever any Governour of a Town or Fort was judicially condemned or executed by the Prince or State that intrusted him to keep them for holding them against the Enemy overlong And if the Defendant had been guilty of this crime wee would have been so farre from impeaching that we and the whole Kingdome should have honoured him highly for it though wee have both just cause to prosecuted him for the contrary for which sundry Governours have legally been condemned Fourthly That it was a most ingrate requitall to execute any man for his over-much valour and fidelity and if this were once allowed for Martiall Law it would quickly make all Governovrs Souldiers Cowards or Traytors therefore certainly the Defendant had much mistaken his French Author who writes only in generall that some have been put to death for stouting and holding out a Town overlong without defining by whom this was done He pretends it was done by those who intrusted them with the Townes of which no example can be produced but certainly the Author meant it only of the Enemies who have somtimes put a Governour to death when a Town hath been forced for holding it over obstinately out against them for which there are divers presidents And in this sence which doubtlesse is the true it suites very well to the Defendants case The poore man was excepted as he tells us out of the Kings pardon sent to Bristol and so like to suffer if he held the Towne or Castle till it were forced by the Enemy Wherefore to prevent all danger and save his best-beloved life hee thought good to avoyd the rigour of this Law by purchasing his impunity with the over-hasty surrender of them to the King and so by this unworthy shift Incidit in Scyllam qui vult vitare Carybdin Forfeiting his head to the Parliament and Kingdome to secure it from the King These three Paradoxes discovering a most unsoldierly cowardly untrusty spirit in the maintainer of them being answered Mr Prynne concluded his Reply
Castles within the Parliaments power might treacherously or cowardly surrender them forthwith to the King without punishment or danger because they wanted a Commission under the great Seal to keep them Fourthly he had a Commission under his Excellencies hand and seal to keep the City under whose Authority he took the custody of it for the Parliaments and Kingdomes safety in these distracted times by vertue of a Commission of both Houses granted to his Excellency therefore his offence is as great as capitall for surrendring it contrary to his trust and his Excellencies Commission to keep it as if it had been under the great Seal Fourthly when his Commission was first granted the Parliament had not made a New great Seal to seal it but since his surrender of Bristol they had made one and he durst assure the Defendant had his courage and fidelity been such as to hold out Bristol till the new Seal was made hee would have procured him a Commission under it to keep Bristol rather then hee should have yeelded it up cowardly to the Enemy for want of a Commission under the great Seal of England But because he held it not till such Commission might be obtained he must be condemned for rendering it contrary to that Commission which he both sent for and received from his Excellency under his Seal of Armes alone His second Answer was that it appeared not in these Records what other matters and proofes were produced against these persons besides those mentioned in them and therefore for ought he knew they might be condemned for something else besides what is alleadged in these Records else the cases might seem very hard and the sentences none of the justest To which Mr Prynne Replyed That the Defendant by this strange Answer betrayed his extraordinary ignorance in matters of Law and Records into which no Depositions of Witnesses are wont to bee inserted but only the true state of the case it selfe and the Iudgement given thereupon And therefore to surmise they were condemned for any thing else then what is expresly mentioned in the Records and Iudgments themselves is to averre against the very Records and the Iudges that gave the sentences and so to falsifie and nullifie all Records The cases therefore being admitted to be really such as the Records relate in nature of a demurrer or concession and the Iudgements determining them to be such this answer must rather be deemed an ignorant mistake then any solid reply His third Answer was That the Castle of Outhrewik Arde and Burbugh were places of no great consequence or wealth and therefore ought to be held out to the utmost But Bristol being one of the richest chiefest Cities in the Realme and of great importance ought not to bee endangered or ruinated by holding it to the utmost extremity as Castles and other such places of lesse concernment might be To which Mr Prynne Answered First that if places of smallest concerment ought to hold out to extremity and if it be death to yeeld them up before then certainly Bristol and places of greatest consequence to the ruine or safety of the Realme ought much more to be kept till extremity and the yeelding of them up must be more capitall else he that betrayeth the greatest trust and doth most mischiefe to the State shall be lesse culpable and undergoe a milder censure then he that betrayes the smallest Fort yea if this were either good justice law or Lodgick the Defendant might argue that he who steales ten thousand pounds or murthers a man deserves not death but hee who steales thirteen pence halfe-penny or strikes a man ought to bee hanged without pitty The president and Argument therefore held à minori ad majus If these were condemned for their cowardly surrendring of those inconsiderable Townes and Castles before utmost extremity which did but little prejudice to the Republike then much more ought the Defendant to lose his head for yeelding Bristoll thus a place of highest concerment to the Kingdome which is almost lost in and by its losse And doubtlesse the Defendant who would not adventure his life to preserve such a most considerable City as Bristol to the utmost exigent would never adventure it to hold out any other inferiour places till the last but yeeld them up without resistance Since therefore it appeared by these presidents that the parties impeached for surrendring up any Forts were alwayes detained under custody during their tryall He desired the Councell the second time that Col. Fiennes might presently bee put under safe custody and judgement given against him according to these presidents and the Lawes of warre the rather because they were seconded by his own late judgement against Yeomans and Butcher whom he condemned and executed by Martiall Law only for endeavouring to deliver up Bristoll to the Enemy before it was fully fortified when as himselfe thus cowardly and traitorously surrendred it to them after it was fortified and abundantly furnished with all necessaries to hold out a siege their intentionall surrender being not so criminall or fatall to the Republike as his actuall When we had thus made good the severall Articles of our charge and fixed the losse of Bristol and the West too on Col. Fiennes who by his not denying it in his Answer to the fourth Article did thereby in point of Law confesse it The Colonell to free himselfe from this heavie charge took the boldnesse to translate it to one no wayes guilty of it averring before the Councell with greater impudency then verity That Bristol and the West were not lost by him but by Sir William Waller to prove this Paradox he produced severall impertinent Allegations casting sundry false aspersions upon that eminent Knight behinde his backe which he durst not have uttered in his presence Vpon which Mr Prynne humbly moved the Councell that a Gentleman of his worth and honour might not be thus publikely traduced where he was neither present to make his defence nor a party to the Articles desiring that either he might substantially prove this palpable slander by pregnant evidences or else be exemplaplarily punished for it Hereupon the Defendant first alledged that he sent Sir William Waller 1200 Foot out of Bristoll to wit Colonell Pophams whole Regiment very well armed who at the rout of Sir William neare the Devises lost all their Armes not many of these men returning thenceto Bristoll and those without Arms the losse of which Regiment so weakned the garrison that it lost both Bristoll and the West which he could not defend for want of men To which Mr Prynne answered first that Bristoll was not lost for want of men and that this Regiment was fully made up and supplied by the Defendant his owne confession with a great over-plus Sir William Waller not receiving above 7 or 800 Foot out of Bristoll in lieu whereof the Defendant raised 1100 or 1000 at the least besides those from Malmsbury Secondly
to suffer for it but that it was not internall is but his own averment which his externall guilt disproves and himselfe confessing that he was externally guilty and for this most justly condemned according to the Letter of the Law he may be as justly executed Fifthly For his pretended mortall equity to extenuate his offence that he must have fired the City to the ground c. it is but a meere groundlesse argument and an insufferable aspertion both to the Parliament and Honourable Councell he being neither accused nor condemned for not firing the Town but for not holding it and the Castle to extremity which he might easily have done without burning it to the ground as the premises demonstrate The last Argument of his guiltlesnesse on which he principally relies is his Excellencies pretended Pardon whereon he hath made a large comentary To which wee shall give these Answers we hope without offence to any First that we are not assured that the Defendant hath any reall Pardon of his Sentence the rather because the House of Commons whereof he is a Member and which referred him to his tryall was never yet acquainted with it nor privie to its granting for ought we finde in the Journall Book as we conceive of right they ought to have been at least wise by the Defendant who hath forfeited the benefit of it by this slighting of the House Secondly Admit he hath a Pardon from his Excellency yet then we may justly question 1. Whether it was not surreptitiously procured upon meer misinformations of the Defendant or his Friends his Lordship being not present at the Tryall which mis-informations over-frequent in all ages nullifie the Kings own Pardons Charters under the Great Seale of England much more his Excellencies by like reason 2ly whether it was not penned at leastwise altered corrected by the Delinquent himselfe or some neare friend of his before it passed his Excellencies signature the whole contexture savouring of his stile containing many expressions verbatim which he used in his defence and his bold Commentary on it giving us some grounds of conjecture that he first made or corrected the Text it selfe before it was Authentick it being frequent in other cases to doe the like 3ly whether the Copy printed by him be agreeable to the originall Pardon the Record whereof being no where extant to our knowledge by which we may compare it and the c. in it assuring us that something is concealed in the printed Copy which would have made for our advantage if recited Now if all or either of these prove true as we doubt not but they will upon due examination that this pretended Pardon was surreptiously obtained by misinformation or perused corrected by the Delinquent or his friends or the printed Copy of it false or maimed his Arguments from and glosse upon it will rather discover his fraud and guiltinesse then vindicate his valour fidelity or innocency in this Action Thirdly we answer that the Pardon recites how his Excellency by vertue of an Ordinance of both Houses of Parliament hath given and granted to the said Colonell a free and full pardon of all manner of offences errours and oversights committed in the said surrender of the City and Castle of Bristol But we never yet heard of any such Ordinance of both Houses authorizing or allowing this Defendants Pardon having cause to believe that the Houses will be very cautelous of granting or allowing any Pardon in this case which so highly concernes both Houses and the whole Kingdomes safet by reason of the ill consequences it may produce We read in Emanuel Meteranus Grimstons History of the Netherlands Thuanus and others Anno. 1587. That Van Hemert a very wise and brave young Noble-man one of the chiefe houses of the Netherlands and Governour of the Town of Grave together with two of his Captaines Du Banck and Korfe were imprisones condemned by a Councell of warre and then beheaded and executed at Bommel by command of Robert Dudly Earle of Leycester Governour of the Law-Countreys under Queen Elizabeth of famous Memory for that they surrendred the said Town of Grave to the Prince of Parma when he had besieged it above three Moneths space with a puissant army and beaten down the wals of it leavell to the ground with perpetuall batteries and assaults And although there appeared no treachery at all nor any intelligence held with the Enemy in this case and that the Governour condescended to a Treaty and surrendred the Town to the Enemy only upon the Citizens importunity who earnestly intreated him upon their knees with teares in their eyes to embrace a Parley for the saving of their lives estates and liberties which were granted them upon the Articles of agreement and although the Garrison souldiers likewise marched away with their Armes which they left behinde them at Bristoll and had all the Articles punctually fulfilled and although himselfe and his potent friends earnestly besought the Earle of Leycester that he might serve the Queen of England either by Sea or Land at his own charges and by his valour and fidelity make recompence of his fault committed only through want of understanding and marshall pollicy contrary to the will and intent of the Earle then Governour Generall under the Queen yet the Earle for upholding martiall Discipline and to prevent all future surrenders of this kinde would on no wise dispence with the execution whereupon they were all there openly beheaded at Bommel Iune 28. 1587 which was held a good example to the great furtherance of marshall discipline which at that time was much decayed And whether these times call not for a like example when so many treacheries and acts of cowardice break forth in sundry places to the endangering of the State and Parliament we submit to the determination of the supreame Councell of the Realme to whose descition it properly belongeth to pertermit or hasten the Defendants execution who shewed farre more cowardice at least if we say not treachery in surrendring Bristol in lesse then nine dayes siege then Van Hemert did who held out Grave above three monthes till the Wals were demolished and yet then marched away withall the Garrison and their armes too and then most Governours else have done the very inconsiderable small Town of Lime standing but in a hole and having no considerable works about it or provisions in it comparable to Bristol together with Warder Castle and other places holding out more moneths against the Enemies stormings and assaults then the great City and Castle of Bristol under his command held out dayes yet hee will needs justifie to the world both in his Answer and printed Pamplets with how little truth or colour let all men judge That he held it out to the utmost point not only of duty but also of Honour that any Souldier could or ought to have maintioned the same Fourthly Wee answer that the suggestions and principall grounds of the
Major Dovvet saith that he heard Captain Birch declare when the City of Bristoll was upon surrendering he would have taken possession of the Castle with intent to make that good against the enemy but he was discouraged therein by the Gunner who told him that there was but ten barrells of Powder in the Castle and thereupon he came forth and diserted his resolution but since that the Towne and Castle was delivered up the said Gunner told him that there were threescore barrells of Powder in it the said Birch asking him what reason he had to tell him there were but ten the Gunner answered that Col. Nathaniell Fiennes Governour of the said City and Castle commanded him to say so All which the Major Dovvet heard from the mouth of the said Captaine Birch and will testifie the same upon his corporall Oath Francis Dovvet London 17th of October 1643. The Deposition of Mr. Talboyes Gent. The summe of his testimony was this that a neighbour of his being fined 40. l. by Colonell Nathaniell Fiennes Governour of Bristoll for Delinquency and imprisoned till he should pay this Fyne did thereupon pay downe all but 18. l. which he could not presently procure whereupon he desired the Deponent to move the Governour to respite the payment of this summe till St. James tide and then it should be paid in which the Deponent did accordingly presuming he should have obtained this courtesie for his Neighbour but Colonell Fiennes answered him I must have all the money presently for I knovv not vvhere I shall be at St. Iames tide to which the Deponent then replyed He hoped he would be then in Bristoll who answered He did not knovv vvhether hee should or not Whereupon the Deponent presently apprehending the said Governour had a resolution to deliver up and not keepe the Towne against the enemy thought it not safe to remaine therein and thereupon removed thence to London and the very next day after St. James day viz. 26. July 1643. he surrendred the city and castle to the enemy The Deposition of Serjeant William Hill I doe hereby testifie and declare my knowledge concerning the surrender of the city and castle of Bristoll that at the time when the enemy had entred the Lyne about the Barne between Brandon-hill and the Wind-mill Fort and that they were gotten in possession of Essex Fort the suburbs adjoyning being as was conceived betwixt two or three hundred of them the enemy that were without being repulsed in severall other places which they had stormed were with-drawne backe as farre as Durdam Downe the cause of my knowledge was in that after they were beaten out of sir Ferdinando Gorges his house and severall other houses on that side of the water with our Canon shot from the Key and with our Musketeers that were placed in severall houses on the Key I rode forth at Newgate and from thence up to the Fort of Pryors Hill from thence a long the Line to the redoubt and so on to the Windmill Fort all which places I found secure and our men very couragious from thence I rode to the place where the enemy entred and almost to Brandon-hill Fort all which part of the Lyne was cleare and no enemy nearer it then the Downe aforesaid and as I returned backe the Souldiers in the Forts and in the Redoubt earnestly desired me to procure some strength to be sent out of the city to assist them and likewise to make good the Lyne againe which I promised to certifie the Governour of I came immediately to the Towne and met the Governour with severall other Gentlemen riding then through Newgate forth of the city I told him that the Forts were all secure and that the Lyne was clear and that I conceived that if he would be pleased to send forth a matter of two hundred men he might not onely secure the Lyne but also take all those that were entred which he not onely refused to doe but sent a Warrant to a Major that then was upon the Lyne betwixt the Wind-mill Fort and the Redoubt commanding him on paine of death to draw his men off the Lyne and to repaire into the Towne with them which Warrant I saw and read it and as some of the Cavaliers told me the next day the enemy that was without the Lyne knew not of those that were within at least two houres time in which time their Ammunition was spent and then did those that were within Essex Fort aforesaid send out Messengers to those of the enemy that were without intimating that if they did not come speedily into their reliefe they should be all cut off and then and not till then came the enemy within the Lyne both horse and foote and possessed themselves of the suburbs whereupon the Governour presently desired a Parly with the enemy which accordingly was done All which I humbly certifie on Oath as witnesse my hand this 13th of Novem. 1643. William Hill The Deposition of Serjeant Anthony Gale 1 Anthony Gale Serjeant to Lieutenant Colonell Baker of Col. Stephens Regiment in the late siege of Bristoll doe affirme upon my Oath that upon Wednesday morning Iuly 26th when the enemy entred the Line between Pryors Hill Fort and Wind-mill Hill Fort I was upon the Line between the said two Forts and that when the enemy came upon the said worke where he made the breach there entred not above 100. men as I conceived at the first I my selfe offered to venture my selfe to make up the said breach but Langrishes horse being there to defend that place would not fall on although they were called upon for that purpose Langrish himselfe as was said being gone into the Towne and presently Lieutenant Colonell Clifton came and commanded all men to quit the Line and draw off into the Towne which after some time they did yet * after three houres respite when the enemy was entred in greater numbers and had possest divers places of advantage in the suburbs we sallyed out upon them at the Colledge Greene the enemy throwing downe their Armes and crying for quarter when presently a Parly was sounded and a command came to the souldiers that they should presently retreat into the Castle which caused some of the souldiers in discontent to breake their Armes and sweare they would never serve the Parliament againe And upon Wednesday night it was concluded that the said Towne and Castle should be yeelded up the next morning about nine of the clocke as this Deponent heard divers officers say but yet the Prisoners in the Castle were set at liberty the said Wednesday night and very early in the morning tooke possession of the said Castle committed divers plunders and inticed and seized on divers of the Parliaments souldiers and the enemy having so got possession of the Castle would not suffer any Goods to be carried from thence And I further say that many souldiers were plundered Prince Rupert protesting he could
not helpe it for that Colonell Fiennes had drawne the souldiers to a wrong Gate where the convoy of horse was by agreement appointed to attend their comming forth I further affirme there were neare upon two thousand foot in the Towne besides three hundred horse and Dragoons Anthony Gale Novemb. 9. 1643. The Deposition of Stephen Radford I Stephen Radford Ensigne to Captaine Bagnall at the time of the siege and surrender of Bristoll affirme upon Oath that Captaine Bagnalls company in which this Deponent then served as Ensigne maintained the Workes by the Pest-house and by New-found Land and hearing that the enemy had entred the Line between Wind-mill Hill and Brandon Hill Forts this Deponent went thither to see whether it were true or no and found that about 150. as he guessed had entred the Line and were sitting together by the Red Lodge who gave fire upon this Deponent as soone as they saw him but this Deponent hastened away towards the Line and could not perceive that any more had entred whereupon this Deponent went to the Governour Nathaniell Fiennes acquainting him how few there were of the enemy that had entred what strength of our defendants were at the Line and how desirous they were to fall upon those which were entred and to make up the breach the Governour charged this Deponent upon paine of death that the souldiers should not fall upon the enemy but draw off from the Line and come into the Town whereupon this Deponent desiring to know the Reasons why he would not suffer them to fall upon the enemies entred the said Governour replyed * because if they should doe so the enemy would enter in a greater number and falling in upon our souldiers in the reare would hem them in and cut them off This is the effect of what I heard and saw and I further affirme that I seldome or never observed the said Governour to give any words of incouragement or money to the souldiers during the siege Stephen Radford The Deposition of Iames Powell I Iames Powell of Bristoll one of the Trained Souldiers of that City being there during the late siege thereof do attest upon my Oath that Col. Nath. Fiennes late Governour of the City and Castle of Bristoll did before the siege thereof in my hearing promise and give out in speeches that he would defend the same against the enemy to the utmost and dispute every inch of ground from the Forts to the Gates and if they won it they should win it by inches and from the Gates of the City to the Castle which he would defend to the last And that upon the said speeches and promises and intimation from the said Governour he this Deponent did send in three or foure moneths provisions or more into the Castle for himselfe and his Family and did bring the greatest part of his estate thither conceiving the said Castle to be strong and tenable and that he should have been there secured though the City had been forced by the enemies who afterwards besieging the said City were severall times manfully repulsed with great losse of many of their men and but few of ours And when some of them had entred the Line in one place the rest in all other places being beaten off on the Wednesday morning when they last stormed it this Deponent repaired to the said Governour in the morning and desired him earnestly to beate them out againe after which the Enginere told this Deponent that he with one hundred men would undertake to beate them out that were entred And further saith that when the said City and Castle were surrendred to the enemy the Out-forts thereof were not taken nor the walls of the Castle battered neither were they besieged above foure daies and that he lost his goods in the Castle which the enemy seised on Iames Powell Iames Powell likewise attested Viva voce upon Oath before the Counsel where the defendant produced him as a principall witnesse for him That there might have been raised in Bristoll over and above the Garrison and souldiers in it during the siege at least six or eight thousand able men fit for service Judge then whether he had any want of men when as he might have raised so many thousands there The Testimony of William Deane I William Deane of the City of Bristoll Baker lately one of the Traine Souldiers there serving under Captaine Grig in Prior-hill Fort when the same was lately besieged by Prince Rupert and the Kings forces doe testifie upon my Oath that Col. Nath. Fiennes late Governour of the said City and Castle thereof did two or three weekes before the siege thereof cause publike Proclamation to be made That all Inhabitants of this City should furnish themselves with three moneths provisions for them and their families and intimation was given then likewise to this Deponent and divers best affected to the Parliaments service to send in part of their estates into the Castle to be there secured in case the City should be taken with three moneths provision or more whereupon this Deponent sent part of his estate and provision for himselfe and his family for at least three moneths into the said Castle presuming that the Governour would have defended it to the uttermost And he further deposeth that on Wednesday morning the twenty sixth of Iuly last the enemy stormed the Out-workes of the said City very furiously but were generally repulsed with extraordinary slaughter of their men and namely at Prior-hill Fort where this Deponent served where they flew and hurt many of the enemies * without the hurt or losse of any one of their men and made them retire in disorder and that morning a few of the enemies conceived not above two hundred or thereabouts having entred within the Line neere the Colledge Greene thereupon one came riding Post in a furred Cap to the Fort and Lyne where this Deponent was commanding the souldiers there upon paine of death to come off thence and retire into the City for the Cavaliers had taken the Towne which the souldiers not beleeving having then newly beaten off the enemy with great losse from that quarter sent this Deponent to know the truth thereof who repairing to the maine Guard they informed him that all was well in the City and elsewhere whereupon he returned presently to his companions that sent him acquainting them therewith and within one quarter of an houre after another came riding up to the said Fort and Line crying out Gentlemen what doe you meane you must under paine of death come off from the Line and Workes And immediatly after a third Horse-man came saying Gentlemen under paine of death stand to your Armes upon which contradictory messages this Deponent was sent by his company to know what they should doe who meeting the said Governour in the streete at the Pitty-heard by accident used these words to him Noble Governour we are commanded upon paine
of death to quit and come off from our Works and Line which we are very unwilling to doe this being that the enemies desire it being an easie matter to take the Workes when there are none to guard them to which the Governour flatly answered That they must come away thence Whereupon the souldiers very unwillingly left the said Workes and Line the Gunner threatning to shoot all those that should depart and this Deponent and other souldiers spoyled about one barrell of Powder and another of Shot at the Line because the enemy should not gaine it in their absence after which this Deponent repaired to the Governour to his House in Broad-street where he was taking Horse and said unto him Noble Governour if you please to give me a Warrant I will goe to our Captaine and cause him to beate up his Drummes for he and his souldiers are all willing to fight and we will goe into the Suburbs where the enemy is entred and try what good we can doe among them to which he gave no answer at all but insteed of encouraging us to beate out the enemy as we desired and were ready to doe he fell to treat with them about the surrender of the Towne and Castle to the great griefe and discontent of this Deponent and others who would have defended them to the utmost and of some women who in this Deponents hearing desired Captaine Stiles as he remembreth and his men to goe couragiously against the enemy and if they feared the Canon we said they and our Children will put our selves betweene the Canons mouth and you to dead and keepe off the Bullets or words to this effect which much moved and encouraged this Deponent to have beaten the enemy out of the suburbs And this Deponent saith that when the said Governour treated with the Enemy they had not taken any of their Forts to his knowledge nor made any one shot against the Castle or Towne Walls for ought he knew or heard and that there wanted neither provisions nor Ammunition nor men to defend the same or at leastwise the said Castle which was strongly fortified victualled and provided with all necessaries for a long siege all which together with the souldiers Armes and Colours were unexpectedly surrendred to the enemy to the great griefe of this Deponent and others of his company William Deane The Deposition of Thomas Munday I Thomas Munday late Garrison Souldier in Bristoll under Captaine Loyde during the siege thereof doe attest upon my Oath That I being in the Marsh at Bristoll with my Captaine and Company the Tuesday before the Enemy entred the Line Captaine Langrish comming to the Workes there and Col. Nathaniell Fiennes then Governour of the City I said to Langrish Captaine yonder is a very suspitious place and not fully fortified betweene Brandon Hill and Windmill Hill Fort and it is very doubtfull that unlesse you set an hundred Musketiers more there it being very weakly manned the enemy will there make the first breach pointing to the place with my hand which words the Governour hearing asked in an angry manner What doth he prate whereupon this Deponent replyed I hope it is no offence to you sir what I speake and the very next morning the enemy made a breach and entred at that very place After whose entry this Deponent spake to Master Cowling and to a City Captaine one after another to advise the Governour to stop up the way which came downe from the Back and the Key and to place Musketiers upon the City Wall and thrust three or foure peece of Canon through the Wall over against the Marsh which had it been done the enemy could not have entred the Marsh or City when they were within the Line but we must have slaine abundance of them Which thing was not done nor yet the Hedges neere the City cut downe before the siege which gave great advantage to the enemy to annoy us and he saith that the Castle was extraordinary strongly fortified and stored and very tenable as he beleeveth and that he knevv nothing of the agreement to surrender the City and Castle to the enemy till a little before they were to march out of the same so as he had no time to hide his sword or Armes and that he and sundry of the other souldiers were much discontented at the surrender thereof and would have fought it out to the last and that he saw divers of the souldiers breake their Rests and Pikes and beate their Muskets on the ground in discontent and that when they were to march forth they were led up and downe from one gate of the City to another severall times and pillaged openly as they marched through the Streetes without any order taken by the Governour for their Releefe for ought he heard or saw Thomas Munday The Testimony of Richard Butler I Richard Butler who served under the Enginere Iohn Warden in the Castle of Bristoll both before and at the siege and surrender of Bristoll affirme upon Oath That wee had in the Castle at that time one hundred and forty Granadoes and a new Morter-peece that the said Iohn Warden did often importune the Governour Col. Nathaniell Fiennes to give him leave to make a shot at the enemy out of the said Morter-peece but the said Governour commanded him upon paine of death not to make any shot at them without his speciall License but the said Governour never gave the said Warden License to shoote at them whereat the said Iohn Warden was so grieved that he often complained the Towne was betrayed He saith he wrought fifteene or sixteene weeks but never received any money excepting twenty shillings Richard Butler The Deposition of Abell Kelly I Abell Kelly one of the Trained souldiers in the City of Bristoll under the command of Colonell Charlton whiles Col. Nathaniell Fiennes was Governour of the said City and Castle of Bristoll and during the time it was besieged by the enemy doe testifie upon Oath that Captaine Birch by the direction of the said Colonell Fiennes did give order to this Deponent and divers other Citizens of the said City who were best affected to the Parliament about a week before the same was besieged to bring in their estates into the Castle of the said City and so much provision as would well serve them for the space of three moneths promising them that in case the said City should he forcibly taken by the enemy that then he the said Colonell and they who should send in their estates and provisions would retreat into the said Castle and maintaine the same Whereupon this Deponent and divers other Inhabitants of the said City did bring in their estates and three moneths provisions into the said Castle presuming that the said Col. Fiennes would have manfully defended the same against the enemy according to his said promise but he beyond our expectation before any of the Out-forts taken or
gates thereof shut and no admittance but immediately after he pressing into the Castle upon the opening of the wicket found Colonell Iohn Fiennes with some of his Troopers and many of our Foot Souldiers there but the Keyes of the Castle contrary to the Articles of agreement were in the custody of one of the Kings Commanders who assisted with 3. or 4. more would suffer none of our men to passe in or out but when they pleased beating and abusing many of our Souldiers and dis-arming most of our Officers and Troopers there contrary to our conditions where we were detained by an Inconsiderable number till 3. of the clock that day many affronts being offered unto us in the interim the Governour of the Castle and Colonell Iohn Fiennes being gone away long before and whilst we were thus detained by the Enemies in the Castle notice was given us of the many injuries and violences offered to our Commanders Officers and Souldiers in the Town so as this Deponent and his Major were constrayned to procure one of the Kings Officers to guard them to their lodgings at the Gillards Inne from whence after 6. of the clock by favour of one of the Kings Captains they were conveyed towards Bathe and as this Deponent passed the Suburbs he met divers Common Souldiers of his own and other Companies who seemed fully resolved to march away with the Governour in the morning that had listed themselves in the Enemies Service upon no other ground as this Deponent conceiveth but that no care was taken by the said Governour for their security and provision or to see the Articles of Agreement performed And this Deponent further saith that when the said Town and Castle were surrendred there was neither want of Victuall nor Ammunition nor Souldiers to defend the same and that the Enemy to his knowledge had taken none of their Forts nor made any breach into nor battery against the Walls of the sayd City or Castle and that the said Castle was then well fortified and provided to hold out a Siege and all the Canons Ammunition Armes Prisoners Victualls Colours were resigned up to the Enemy by the said Governour Thomas Taylor The Deposition of Ieremy Holway of the City of Bristoll Mercer concerning the losing of Bristoll taken before the Lord Mayor of London upon Oath 16. Decemb. 1643. The 26. of Iuly 1643. I was at the Brest-work nigh the place where the breach was made and did see those Souldiers that did enter being not two hundred as I did conceive upon the entry the Souldiers that were there placed to keep the Works did run from the Workes and some Horse did the like whereby the Enemy made their entrance without much opposition but after their entring the Works they being not as I said before two hundred there was no meanes used to take the Enemie before expressed and to make good our Workes againe but we were within one houre after the entry of the Enemy commanded by Lieutenant Colonell Clifton to come off the Workes these were his words The Governour doth Command every man upon paine of death to come off the Workes and to march under their severall Colours and Commanders in at New-gate Whereupon I said but that Colonell Fiennes was an honest man other wayes I should think we were betrayed this I know that if there had been men drawn off the Works in other places which might have been spared or if Captain Stokes men which were upon no service but stayed in Town in S. Iames Church-yard as he told me himself made use of the Enemy in all probability had been taken and our Works for that time made good but there being no meanes used as I said before by this meanes they came to possesse the Suburbs of the City and then it was hard for us to resist them long Ieremy Holway The Testimony of Samuel Wood. I Samuel Wood being a Souldier in Sir Edward Hungerfoords Regiment do say and Testifie that part of the said Regiment was put to keepe Ratcliffe-gate and that there was no probability of the Enemies taking of the Town by force of Armes And do further say and attest That Colonell Nathaniel Fiennes sounded a Parly with Prince Rupert and sent a strict command to the the Souldiers to forbeare firing upon the Enemy upon paine of death unto which the Souldiers replyed that they would fight it out till the last man and were discontented at the Parly and surrender Samuel Wood. If in the mouth of two or three Witnesses onely as the Scripture and our Saviour Christ resolves every vvord shall be established then certainely our Articles of Impeachment proved by such a cloud of Witnesses and sundry others not examined ready to depose all the premises and more if need be must for ever satisfie the deluded World and silence the Defendants Tongue Pen which have been formerly so extravagantly fruitfull in mis-relations both of his Surrender Triall Judgement to revive re-establish cleare his decayed Honour and Integrity which have been more impaired then repaired by all his fabulous Apologies FINIS In his Check to the Checker See here p. 118 When so many joyntly Petition both Houses for undelayed Iustice against grand Delinquents * Page 13. * By Mr. Sprig Mr. Beck and others * The head quarter was then at Windsor but his Excellency with most of his officers forces in London * To wit that in p. 5. at the Colonels own intreaty Wee read in Scripture that among the Iewes the Iudges sate openly in the City gates the most publike place of all * Stat. Merton 20. H. 3. c. 9. * Iohn 3. 19 20. a See p. 7. and his Letter to his Excellency b See his own Relation p. 8. †Page 9. and his Letter to his Excellency * Relation p 9. his Letter to his Excellency and Reply to Mr Walker * Mercurius Anlicus Aug. 7. p. 421. 422. a Procured by himselfe The Order was to send Col. Essex up if C. Fiennes saw cause who being desirous of his place resolved to see cause b Hee names none in particular and many of the Gentlemen disclaime this consultation and advice c Essex undertooke to make good the City and Castle to the Parliament when hee was removed by Fiennes if he never undertook the like then its cleare be removed him to the end the King might the easier gaine it d It s strang a man should undertake the charge of that he never undertook to make good e Why then did he remove Essex who was of a contrary opinion why did he fortifie and ammunition the City to the Kingdomes and Countreys vaste expence Why did he undertake the custody of it if it must certainly fall into the Enemies hand f Ergo He usurped the Government of Bristoll with this intent to surrender it up to the King without either the Parliaments or his Excellencies previous consents and in plaine termes not to keep but betray it to the Enemy
Cowling Major Wood Richard Linpon Ed Watlin Mr Hassard 2. 3. * Reply to Mr Wallers Relation * Ioan Battin Wil. White-horne Serjeant Gale Captaine Bagnall Tho. Munday * Capt. Bagnall Major Wood Wil. White-horne Serieant Gale Ioan Battin Mrs Hassard Thomas Munday Serieant Gale Maior Wood Col. Stroode and others Richard Winstoâ—e Capt. Husbands and others * See Mr Talboyes deposition * Rich. Butlers testimony Col. Stephens Col. Strode Mr Powell Major Wood Captain Bagnall Thomas Munday Rich Lindon Ed. Watlin Nich. Cowling Ioan Batlin Nich Coles Mary Smith Ethelred Huddy Mich. Sparks and others attest this Allegation 1. Answer 1. 2. 3. * Page 11. Allegation 2 Answer Matth. 12. 30. Allegation 3 * Page 9. Answer 1. * See the Doom of Trechery and Cowardize 2. * Col. Stevens Arthur williams Abel Kelly Maior Wood and others * Relation p. 7 * Page 6. hee writes he raised about 1000 or 1110 men and procured as many Arms within 5 dayes which added to his former Garrison of 900 makes 2000 foote besides those that came from Malmesbury and his horse And p. 11. hee writes hee thought to have saved a body of 300 horse and 1500 foot to the State by the surrender Ergo he had so many besides Citizens and others that would stay behinde 2. * Psal 27. 14. Ps 37. 7. Ps 62. 5. Ps 123. 2. Iob 13. 15. Ps 62. 8. Prov. 3. 5. Isay 26. 4. Isa 50. 10. a Ephes 3. 20. 3. * See Mr Dornyes Relation of that siege p. 1. Allegat 4. Answer a Rev. 21. 8. b Deut. 10. 1. 8 Iudg. 7. 1. 2. 3. Isay 51. 12. 13. Matth. 10. 26. 28. * See here p. 25. 26. Allegation 5 Object 1. Answ 1. 2. 2. 3. 4. See Mary Smith Ethelred Huddy Ioane Battin Ioseph Proud Mich. Sparke Nich. Collins Object 2. Answ 1. 2. 3. Object 3. Answer * Attested by Nicholas Collins and Mich. Spark Senior †See Serieant Hills Deposition * See Nich. Collins testimony Argum. 1. Answ 1. a Matth. 14. 28. to 32. b Matth. 26. 33. 34. 35. Ioh. 13. 37. 38. c Matth. 26. Mart 14. Luk. 2â— Iohn 18. a See the Depositions of Col. Stroude 11. Powell Captaine Bagnall Mr Hassard and others b See the full Declaration c. p. 4. 5. Argum. 2. Answ 1. 2. 3. c Hence as Plutarch writes the Spartians would not wall about their City placing their safety in their Armes not walls 4. 5. Argum. 3. Answer 1. 2. Argum. 4. Answer 1. Argum. 5. See the Relation p. 9. d 9. E. 4. 35 b. 12. H. 8. 16. b. Br Trespas 406. Dyer 36. b. e Attested by Col. Popham and others * Ioan Battin Mrs Hassard 3. 4. 5. 6. * Iames Powell Abel Kelley William Deane Mrs Hassard and others 7. * It himselfe or some of his had been Governours of it Argum. 6. Answer Argum. 7. Answer 1. * See Col. Stroodes Deposition his Letter to his Excellency and Remonstrance a Col. Stroods Deposit confirmed by Sir Iohn Horners testimony b Relations p. 9 c See both their Depositions d See Maior Dowets testimony e See the Doom of Cowardize Argum. 8. Answer f See the Depositions of Ione Battin and Mrs Hassard Argum. 9. * See his Letter to his Excellency p. 3. 10. called a Counceil of warre and proposed to them our condition and besides laid open unto them our small store of Ammunition c. Answer * Iames Powell Col. Strood Capt. Bagnall Abel Kelley a Cap. Bagnal William Deane Will. Whithorn Cap. Bagnall Major Wood. Wil. Whithorn * See his Letter p. 3. Iames Powell Mr Hassard Cap. Bagnall Col. Strood See the Articles of surrender Major Allen. Mr Baynton Major Woâ—d Mr Powel Captain Bagnall b See the Tragedy of Bristol p. 2. 3. 5. 6. Captain Husbands Rich. Winston Major Wood. a Page 11. Mr Browne Mr Pury b See his Relation p. 9. 10 11. Object 2. Answer * Mr Samuel Brown a Page 13. b See p. 8. 9. 10. 11. Letter to his Excellency p. 3. 4. c. †Yea himself by the way told Mr Powell and others he would not come to London but passe into France to avoyd the shame of this action * Mr Hodges and Mr Whetcomb can attest this Argum. 10. * See his Relation p. 9. 10. and his Letter to his Excellency Answer Object Answer Object Answer Mr Talboyeâ— Nota. Answ 2. * See his Relation p. 12. Lime hath done the like for sixe weeks space Answer 3. Ione Battin Arth. Williams Maior Wood. Page 9. 10. Answer 4. * See his Relation p. 11. Letter p. 3. 4. * Luke 17. 33. Matth. 16. 25. Iohn 11. 50. Mr. Powel Mr. Hassard Capt. Bagnall * Iohn 10. 11. What shall be judged utmost extremity to excuse a Governour and what not c. * See the Doome of Cowardize Treachery Object Answer * Page 1. 2 King 19. 35. Isa 37. 36. 37. 2 Kings 7. 2 Chron. 20. 22 23 24 25. a Acts 23. 13. 14. 9. Paradox 1. Answ 1. 2. 3. Paradox 2. †He should have added Banbury and Oxford to the Catalogue Answer 1. 2. 3. 4. 5. a Iudges 9. 50. 51. 53. * Eccles 9. 11. b Letter to his Excellency p. 4. Relation 9. c Livi. Rom. Hist l. 9. * See Graftons Chron. p. 211. 212. 213. a Yea Houden Annal. pars prior p. 461. stiles it Castrum fortissimum in William Rufus his reign 6. 7. Paradox 3. Answ 1. 2. 3. 4. * See his Relation pag. 13. * See Grimstons History of the Netherlands p. 827 828. * 7. R. 2. num 38 40. * Walsingham hist Angl. p. 327 to 330. Holinshed Speed Grafton in an 6 Rich. 2. Answer 1. Reply Answer 2. Reply Answer 3. Reply Calumny 1. Answer 1. 2. * Waising hist Angl. p. 337. See 56. E. 3. n. 23 Calumny 2. Answer 1. 2. 3. Calumny 3. Nota. Answer * The King himselfe cannot pardon a common nusans nor an offence or iniury against the Common-wealth without the Parliament nor any offeâ—ce where any private person shall have a particular interest as our Law-books resolve * See Obiection 7. in the Check a See his Commentary on his pretended Pardon The Prologue to all the well-affected Partie and Quere's Argum. 1. Answer 1. 2. 3. 4. 5. Argum. 2. Answer 1. 2. a Belgica Hist Vniversalis l. 13 p. 402. 403. 404. b Pag. 827. 828. c See here p. 21. a See the close of his Pardon * Artic. 7. * Artic. 4. 6. Yet he prints in his Relation p. 9. that Mr. Stephens the deponent was present at a Counsell of Warre which consented to a Parly Artic. 4. 6. * Artic. 8. * Article 4. 6. Nota. * Article Artic. 9. Artic. 9. This was the Defendants chief Officer and witnesse of whose judgement you have here a tast Artic. 7. * Artic. 4 5 6 7 8. Artic. 4 5 6 8. Nota. Nota. * Which were all surrendred * This Sir Iohn himself confessed on his Oath before the Councell Nota. Artic 4. 6. 8. Artic. 3 4 5 6 8. Nota. Nota. Nota. Nota. Nota. Nota. Nota. Nota. Article 7. Nota. * This Deposition came in onely occasionally by reason of the Defendants fals Allegation that we had been tampering with witnesses whereof himselfe was onely guilty * Master Sprigge the Lord Sayes Secretary who confessed the words Artic. 1. 2. 3. 4. 5. 6. 8. Nota. * Nota. * Never imployed either to repulse the enemy at the line nor in the sally * Nota. * He meanes a publike one * But 8 or 9. Nota. Artic. 4. 6 7. Artic. 4. 6 8. Mr. Hassard * Maior Wood deposeth hee confessed there were 70. Arth. Williams that there were 60. Cap. Bushell found there 70 double Barrels * Richard Butler deposeth 140. Granadoes not one of them used Article 6. 7. 8. Nota. Article 7. Artic 4. 6. 7. 8. Nota. Artic. 4 5 6 7 8. Nota. Artic. 4 5 6. c. Note this discreet reason Artic. 3. 4. 5. 6. 8. Nota. Artic. 3. 4. 6 8. Nota. Nota. Nota. Nota. Nota. Art 4. 5. 6 7. 8. Nota. Nota. Nota. Art 4. 7. 8. Nota. Nota. Art 3. 4. 5. 6. 8. Nota. Artic. 4. 6. 8. Artic. 4. 6. 8. Captaine Husbands attested the same that he had no notice nor Warrant from the Governour to surrender the Fort before he departed the Town Article 4. 5. 6. 8. Nota. Article 10. Nota. Article 10. Article 4. 6. 8. Nota. * Nota I doubt he will not make good the last part of his promise Article 10. Arti. 4. 6. 8. 10 Artic. 3. 4. 6. 8 Artic. 4. 5. 6. Art 4. 6. 8. 10. Nota. Nota. Nota. Nota. Art 4. 6. 8. Nota Artic. 10. Art 4. 6. 8. 10. Artic. 4. 5. 6. * Deut. 16. 6. Mat. 18. 16. * Heb. 12. 1. * See the Title of the Check to the Checker